Dear   
 
This letter is in reference to your reconsideration request dated 4 May 2019.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been approved.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.  
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 September 2019.  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 and applicable statutes, regulations and policies.  
 
The Board carefully considered your arguments that you deserve an honorable characterization of service and a change to your narrative reason for separation to reflect disability or condition not a disability.  You believe your post-discharge conduct and Department of Veterans Affairs (VA) rating support relief in your case.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board determined your recently upgraded characterization of service remains appropriate.  You were granted an upgrade by a previous panel of this Board based on mitigation offered by your mental health condition and consideration of your post-discharge accomplishments.   The Board concluded your post-discharge conduct, including new circumstances in your personal life and recent accomplishments not previously considered by the Board, does not merit an upgrade to an honorable characterization of service.  The Board determined you were appropriately awarded an Other than Honorable characterization of service by the Navy for your wrongful drug use and limited active duty service.  They concluded your drug use was a significant departure from conduct expected of members of the naval service.  The fact you were previously granted an upgrade to General was also considered by the Board and determined to be appropriate in light of the mental health policy that directs liberal consideration in cases such as yours.  However, after liberally taking into consideration the evidence in your case in conjunction with the relief already granted, the Board felt the evidence does not support a further upgrade of your characterization of service.  In the their opinion, while your post-discharge conduct is commendable, it is insufficient to overcome the seriousness of your drug use while in the military.  The Board determined the relief you received was sufficient since it already provided you an opportunity to seek disability benefits from the VA and relieved you of the stigma associated with an Other than Honorable characterization of service.  In their opinion, your service should not be characterized as Honorable based on your serious misconduct while in the Navy, despite liberal consideration of your mental health condition and post-discharge accomplishments.  Second, the Board concluded your current narrative reason for separation remains appropriate.  Again, after applying liberal consideration to the evidence in your case, the Board determined you were properly discharged for misconduct based on your admitted drug use.  Since you were discharged for misconduct, you were not eligible for disability processing, or any other administrative separation processing, regardless of your diagnosed mental health condition.  Further, the Board decided the “Secretarial Authority” narrative reason for separation assigned to you by the previous panel of this Board sufficiently addresses any injustice that existed in your record as a result of your mental health condition, the subsequent VA disability rating you received, or your post-discharge conduct.  Accordingly, the Board concluded insufficient evidence of error or injustice exists to warrant a change to your record.   
  
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.  
 
It is regretted that the circumstances of your reconsideration petition 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 the absence of new matters 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 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.