DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Dear , This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 case on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 5 August 2021. 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 and applicable statutes, regulations and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). A review of your record shows that you entered active duty with the Navy Reserve on 3 August 1993. You were counseled on 4 August 1993 for failing to disclose preservice drug use. On 3 February 1994, non-judicial punishment was imposed on you for wrongful use of a controlled substance. After being notified of administrative separation processing for drug abuse, your separation was approved by the Bureau of Naval Personnel on 2 March 1994. As a result, you were discharged on 15 March 1994 with an Other than Honorable characterization of service. Prior to your discharge, you were counseled on 11 March 1994 to document your declination of drug rehabilitation treatment from the Department of Veterans Affairs. The Board carefully considered your arguments that you deserve an upgrade to your characterization of service along with various military benefits. You also question your length of service claiming that you were not credited with your last 90 days of active duty. Unfortunately, the Board disagreed with your rationale for relief. After consideration of evidence, the Board determined the preponderance of the evidence supports your characterization of service based on the seriousness of your misconduct. The Board took into consideration that you entered the Navy with a history of drug abuse and were specifically warned on second day of your active duty service that further drug use would likely result in administrative separation with a less than honorable characterization of service. The Board also noted that you were offered drug rehabilitation treatment and declined treatment prior to your discharge. So despite your allegations of unfair treatment, after weighing your brief record of active duty service against the seriousness of your misconduct, the Board concluded the preponderance of the evidence supports a finding that your conduct was a significant departure from that expected of a Sailor and merits an Other than Honorable characterization of service. Additionally, the Board determined you were properly discharged for drug abuse based on your non-judicial punishment and found no basis for granting your request for additional military benefits. Similarly, the Board found no error with your DD Form 214 that documents your active duty service. Absent evidence you continued to serve on active duty after 15 March 1994, the Board determined your record accurately reflects your active duty service. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. You are entitled to have the Board reconsider its decision upon 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, 8/8/2021 Deputy Director