Docket No: 11588-19
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 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 23 October 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, 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 service on 16 June 1983.  You were counseled on 8 April 1985, regarding your serious personal indebtedness.  On 3 May 1985, you received non-judicial punishment (NJP) for wrongful and unlawful deliverance of worthless checks.  On 18 July 1985, you received NJP for wrongful use of marijuana, and breaking restriction.  On 23 July 1985, a medical evaluation determined you not to be drug dependent.  The examining physician noted your admission to marijuana usage on three occasions subsequent to your NJP on 18 July 1985.  On 25 July 1985, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to drug abuse, at which point, you waived your right to consult with counsel and your right to have your case reviewed by an administrative discharge board.  On 26 July 1985, you received NJP for failure to go to your appointed place of duty.  On 8 August 1985, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  You were so discharged on 12 August 1985. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you unknowingly inhaled second hand marijuana smoke, which resulted in a positive urinalysis.  You contend you have disabilities and you would like to receive an upgrade to be eligible for medical compensation from the Department of Veterans Affairs (DVA).  The Board also reviewed the materials that you submitted with your application.  The Board noted your application did not include evidence to support your contentions, nor was there supporting evidence in your naval records.  The Board noted your admission to marijuana use, which was in direct violation of the Navy’s policy on drug abuse.   
 
After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.  The Board also considered that you would like medical benefits, but notes that the agency that determines your eligibility for benefits is your local, state, or federal 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. 
 
Sincerely,