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

Docket No: 0944-20 1683-16 
Ref: Signature date 

Dear 
 
This letter is in reference to your reconsideration request received on 4 February 2020. You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied.
 
Because your application was submitted with a new statement that was not previously considered, the Board found it in the interest of justice to review your most recent application. In this regard, your current request was carefully examined by a three-member panel of the Board, sitting in executive session, on 7 April 2020. The names and votes of the members of the panel will be furnished upon request. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, available portions of your naval record, and applicable statutes, regulations, and policies
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your present assertion that your discharge was based on one incident in 25 months of service with no other adverse actions.  However, the Board determined that these factors and assertions were insufficient to warrant a change to your discharge, given your misconduct which resulted in your non-judicial punishment and administrative separation for wrongful use of drugs.  The Board also noted that you waived your procedural rights in connection with your administrative separation.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable characterization of service.
 
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,