Docket No: 2204-19 
Ref: Signature Date 
  
Dear  
 
This letter 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 17 March 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, 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 Marine Corps on 28 November 1989.  On 17 October 1991 and 19 March 1992, you received non-judicial punishments (NJP) for wrongful use of cocaine and unauthorized absence (UA).  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  After you waived your rights, your commanding officer (CO) recommended that you be discharged from the naval service with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  Your CO also noted that you refused to attend a level-II counseling program to address your alcohol/drug abuse issues.  On 24 June 1992, the discharge authority approved your CO’s recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 30 June 1992, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that your discharge is preventing you from receiving Department of Veterans Affairs (DVA) benefits after being recently diagnosed with congestive heart failure and severe sleep apnea.  In this regard, the Board concluded that your violation of the Navy’s “Zero Tolerance” drug policy and misconduct outweighed your desire upgrade your discharge. 
 
In regard to your contention that your discharge is preventing you from receiving DVA benefits due to being recently diagnosed with congestive heart failure and severe sleep apnea, the Board noted that whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you may contact the nearest office of the DVA concerning your right to apply for benefits.  If you have been denied benefits, you may appeal that denial under procedures established by the 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,