Expert: Cynthia Bedell - 1/3/2009

Question
I was discharged from the Navy in 2003 after 14 years of faithful service. I was discharged with a "General Under Honorable Conditions". I was discharged for use of a controlled substance. I had unknowingly taken a prescription headache medication containing butalbital given to me by my mother-in-law why I was home for the weekend. However this is not my gripe due to the no tolerance policy. My gripe is that the commanding officer of my ship wrote 2 letters during my Administrative discharge process to the Fleet Admiral in response to my appeal. The first letter prior to my convening of my Admin. Board stated that I was a problem sailor who had been in trouble in the past and was not recommended for retention and was brought up at my Administarative Board. The second letter written after my Admin. Board stated that I was a good sailor and that the Navy's policy was not designed to combat the type of situation and that the C.O. recommended my retention.
I am in strong belief that if the first letter would have stated what the second letter stated that my case could possibly have been overturned by the Fleet Admril and that my Commanding Officer was in clear violation of libel in contrast with my service record. I am considering filing a lawsuit against the Navy as I have copies of both letters, but am trying to consider alternatives if there are any

Thank You

Answer
Dear Scott --

It's unfortunate that you waited so long to do anything about your situation.  I believe you would have had a good case to get reinstated in the Navy or at least had your discharge characterization changed, if you had come forward sooner.  I believe you have exceeded the time limit on bringing your case before the Board for Correction of Naval Records.

However, if you just discovered one or both of those letters, then you can still petition the board to change the characterization of your discharge since the time limitation is based on when you discovered that an injustice occurred.  If you just discovered the existence of the first letter, then you just learned an injustice occurred, and you can petition the board to review your case.  Your petition may well be granted if you can get the C.O. to write a letter swearing the first letter was in error.  Even if you cannot, two completely different letters from the same C.O. concerning your performance will show that there is room to question the characterization of your discharge.

You can find details on petitioning the Board at this website:  http://www.donhq.navy.mil/bcnr/bcnr.htm

You may also petition the Naval Discharge Review Board (NDRB), if all you wish to address is the characterization of your discharge.  You can learn more about petitioning the NDRB at this website:  http://www.ig.navy.mil/Request/Request%20(NDRB).htm#Who%20may%20apply%20to%20NDRB

Please write back, if you have additional questions.  Good luck to you.