DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 
1001 ARLINGTON, VA 22204-2490 

Docket No: 9374-19 
Ref: Signature Date 

Dear

This 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 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 16 December 2019.  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 and began a period of active duty on 24 February 1999.  On 9 October 2003, you were counseled regarding your alcohol rehabilitation program and advised that failure to take corrective action may result in administrative separation and judicial proceedings.  On 23 March 2004, you were charged with wrongful possession of Demerol, wrongful use of marijuana, and stealing government property:  syringes, Demerol, and Morphine.  On 5 April 2004, after consulting with counsel, you requested a good of the service separation in lieu of trial by court-martial (GOS/SILT).  You admitted your guilt to all charges and signed a statement that you understood if you received an under other than honorable (OTH) discharge you could be deprived of all veterans’ benefits.  On 8 April 2004, your GOS/SILT request was approved.  On 26 April 2004, you were discharged with an OTH characterization of service.
 
You request the Board upgrade your discharge to honorable.  You assert you signed an extension in order to transfer from  to .  You claimed you were subsequently told you were getting out, but your extension paperwork was misplaced.  Because you believed you were going to be discharged you enrolled in college classes.  However, your extension paperwork was located and you had to withdraw from classes.  You stated:  “I will admit I made a mistake, I did celebrate too early. In support of your petition, you attached your transcripts and certification as an x-ray and MRI technician.  You stated that even though you paid into the GI Bill and it was taken from you, you not looking for reimbursement or a handout.  Lastly, you stated you did not know your OTH discharge would preclude you from obtaining a Veterans Affairs (VA) loan.  You recently had a son you are trying to buy a house.
 
The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions but concluded these factors were not sufficient to warrant a change to your discharge given your misconduct of drug abuse and theft.  The Board noted that you provided no evidence to support your contentions regarding your extension paperwork.  Absent substantial evidence to the contrary, the Board relied upon the presumption of regularity and presumed that the officials acted in good faith according to governing law and policy.  Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time or for VA benefits.

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. 

Sincerely,