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 19 November 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 for a disability discharge from the Navy in lieu of your special court-martial issued bad conduct discharge.  You assert that you were an alcoholic that never received proper treatment while in the Navy.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board concluded you were not eligible for disability processing based on your misconduct that resulted in a punitive discharge from the Navy.  Second, even if you were eligible for disability processing, the Board also concluded that you did not qualify for a disability discharge since alcoholism is not a compensable disability condition.  Further, the Board found no evidence to support a finding that you were not mentally responsible for your misconduct.  Therefore, the Board found no basis for granting of clemency based on the number offenses and seriousness of the misconduct you committed while you were in the Navy.  As a result, the Board determined your bad conduct discharge remains appropriate along with your narrative reason for separation.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your 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,