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


Docket No: 7070-17/ 
           290-13 
MAR 07 2019 

Dear 

This is in reference to your recent reconsideration request. You previously petitioned the Board 
and were advised in our lelter of 17 October 2013 that your application had been denied. Your 
case was reconsidered in accordance with Board for Correction of Naval Records procedures that 
conform to Lipsman v. Secretary of the Army, 335 F. Supp. 2d 48 (D.D.C 2004). 

Your current request has been carefully examined by a three-member panel of the Board for 
Correction of Naval Records, sitting in executive session on 7 November 2018. 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. 

After careful and conscientious consideration of the entire record, the Board detennined that 
your correspondence, even though not previously considered by the Board, was insufficient to 
establish the existence of material error or injustice. Accordingly, your application has been 
denied. 

The Board considered your contentions that your prior years of service were honorable and that 
your health condition required the use of marijuana, which is now legal. Regulatory guidelines, 
however, provide that, despite a Service member's prior record of service, certain serious 
offenses, even though isolated, warrant separation from the Navy to maintain proper order and 
discipline. Wrongful possession of marijuana on board ship at a minimum, requires mandatory 
processing for an administrative separation, which usually results in an unfavorable 
characterization of discharge. Moreover, there is no precedent within this Board's review for 
minimizing the "isolated incident." As with each case before the Board, the seriousness of a 
single act must be judged on its own merit; it can neither be excused nor extenuated solely in 
isolation. Finally, the Department of Defense (DoD) has a clear position on drug use within the 
Services--''zero tolerance." Drug use undermines combat readiness and is incompatible with the 
maintenance of high standards of performance and military discipline. 

The Board noted that the record contains no evidence, and you submitted none, to support your 
contention that your medical condition required your use of an illegal drug onboard ship. In 
addition, the Board considered your contention that marijuana use is now legal, but found that 
the circumstances of your use outweighed any possible mitigation. 

Regarding your concern about your eligibility for healthcare, whether or not you are eligible for 
benefits is a matter under the cognizance of the Department of Veterans Affairs (DVA), and you 
should contact the nearest office of DVA concerning your right to apply for benefits. If you have 
been denied benefits you should appeal that denial under procedures established by the DVA. 

It is regretted that the circumstances of your reconsideration petition are such that favorable 
action cannot be taken again. You are entitled to have the Board reconsider its decision upon the 
submission of new and material evidence. New evidence is evidence not previously considered 
by the Board. In the absence of sufficient new and material evidence for reconsideration, the 
decision of the Board is final, and your only recourse would be to seek relief, at no cost to the 
Board, from a court of appropriate jurisdiction. 

It is important to keep in mind that a presumption ofregularity 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, 

 

Executive Director