Dear ,  
 
This letter is in reference to your reconsideration request.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been denied.  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 relevant portions of your naval record and your application, 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, sitting in executive session, considered your application on 18 June 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 and applicable statutes, regulations and policies.   
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability and an upgrade to your characterization of service.  You assert that you had a preexisting mental health condition that affected your decision making ability while on active duty.  Further, you provided letters to the Department of Veterans Affairs arguing that an injustice exists since the Navy was aware of your drug abuse and failed to provide assistance.  Unfortunately, the Board disagreed with your rationale for relief.   
 
First, the Board determined that you were found guilty for possession of a controlled substance with intent to distribute by the State of  on 31 October 1984.  The Board relied on your record of conviction and 1986 denial of appeal in making their finding.  Based on your conviction for drug related misconduct, the Board also concluded the Navy’s decision to administratively processed and discharged you for civilian conviction was in accordance with applicable regulations and reasonable.         
 
Second, the Board concluded your characterization of service remains appropriate.  In the Board’s opinion, your misconduct was a significant departure from conduct expected of a service member and was the type of conduct that could seriously endanger lives of others.  You were convicted for possession of Phencyclidine with intent to distribute and sentenced to confinement.  The Board also noted that non-judicial punishment was imposed on you twice during your brief active duty service.  Further, the Board felt your misconduct was extremely service discrediting based on your arrest by civilian authorities and eventual conviction by the State of   So despite your argument for mitigation of your Other than Honorable characterization based on years of hardship due to drug abuse, orthopedic pain, and a preservice accident, the Board felt your characterization of service should not be changed based on your record of misconduct.  The Board considered your daughter’s statement in making their finding. 
 
Third, based on your misconduct and administrative separation for civilian conviction, the Board determined you were not eligible for disability processing even if there was evidence of unfitness in your case.  While the Board empathizes with your current medical condition, they felt compensation and treatment for your disability conditions fall outside the scope of the Department of Defense disability system.  Therefore, the Board concluded that a disability discharge was not supported by the preponderance of the evidence.  Accordingly, the Board found insufficient evidence of error or injustice 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.        
Sincerely, 
       6/19/2020