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

Docket No: 4086-19 
Ref: Signature Date 

Dear Mr. : 

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 26 May 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, and applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active service on 22 November 1985. On 24 February 1989, you received non-judicial punishment (NJP) for wrongful use of marijuana.  On 26 May 1989, you received NJP for wrongful use of cocaine.  Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct due to drug abuse.  After you waived your rights, your Commanding Officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to drug abuse.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 13 July 1989, you were so discharged. 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you used marijuana as treatment for migraine headaches and need Department of Veterans Affairs (VA) benefits.  In this regard, the Board concluded that your misconduct and violation of the Navy’s drug policy outweighed your desire upgrade your discharge. 

Regarding to your contention that you used marijuana as treatment for migraine headaches, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  Regarding your contention that you need VA benefits, whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you should contact the nearest office of the VA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the VA.
 
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,