DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 863-19 Ref: Signature date Dear : This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 14 January 2020. The names and votes of the members of the panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. You enlisted in the Navy on 23 August 1977. During the period from 24 August 1978 to 4 May 1979, you received five non-judicial punishments (NJP) for two specifications of unauthorized absence (UA) totaling six days, two specifications of absence from appointed place of duty, possession of marijuana, assault, “unlawful introduction, use, sale or transfer of marijuana,” attempted theft, larceny, and failure to obey lawful orders. On 10 October 1978, your commanding officer (CO) noted that you had disclosed marijuana use “regularly for the past 5 years,” had been “evaluated as a poly-drug abuser who is not evaluated to be drug dependent nor in need of treatment at this time,” and that your “substance abuse is felt to be a secondary problem when compared to [your] inability to communicate effectively.” Your CO recommended your retention in the Navy at that time. However, based on your continued misconduct, by 10 May 1979, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to frequent involvement with military authorities and drug abuse. At that time, your CO recommended separation with a general (under honorable conditions) characterization of service. On 11 May 1979, you elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB). While pending administrative separation proceedings, on 17 May 1979, you received an additional NJP for possession of marijuana. On 11 July 1979, your CO recommended discharge with an other than honorable (OTH) characterization of service. On 30 July 1979, you changed your statement of awareness and waived your rights. On 9 August 1979, the discharge authority approved your CO’s recommendation and directed separation with an OTH characterization of service by reason of misconduct. On 21 August 1979, you were so discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that you used marijuana due to a finger injury that occurred while on active duty. You further content that you need Department of Veterans Affairs (DVA) benefits to assist with your disabilities. In this regard, the Board concluded that your violation of the Navy’s “Zero Tolerance” drug policy and misconduct outweighed your desire upgrade your discharge. In regard to your contention that you used marijuana due to a finger injury that occurred while on active duty, the Board noted that there is no evidence in your record, and you submitted none, to support your contention of using marijuana due to a finger injury. The Board noted that the record shows that you were notified of and waived your right to present your case to an ADB. In doing so, you gave up your first and best opportunity to advocate for retention, assistance, or a more favorable characterization of service. In regard to your contention that you need DVA benefits to assist with your disabilities, whether or not you are eligible for benefits to assist with your disabilities is a matter under the cognizance of the DVA, and you may contact the nearest office of the DVA concerning your right to apply for benefits. If you have been denied benefits, you may appeal that denial under procedures established by the DVA. It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.