DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 7386-15 
HAY 2 0 2016 


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 use 1552. Your case was reconsidered in accordance with procedures that confonn to Lipsman v. Secretary of th~ Army, 335 F. Supp. 2d 49 (D.D.C. 2004). You were previously denied relief by this Board on 4 August 2005. In addition, you were denied reconsideration on ·s January 2007 and 14 April 2014. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, c·onsidered your application on 15 April 2015. Your allegations of error and injustice were reviewed in accordance with administrative regulations and p~ocedures 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, your naval record and applicable statutes, regulations and policies. However, after careful and conscientious consideration of the entire record, the Board 
determined t hat does not warrant relief . Accordingly, your request has been denied. The names and votes of the members of the panel will be furnished upon request. 

The Board carefully considered your arguments that you were suffering from a mental defect prior to your wrongful drug use in 1999. You raise the same arguments presented by your assigned counsel in May 2000 that since you were diagnosed with a major depressive disorder after your cour.t-martial , it invalidates the Rules for Court Martial (RCM) · 706 Board's opinion that you did not suf·fer from any mental defects when you committed your wrongful drug use misconduct; misconduct that led to your bad conduct discharge and reduction in paygrade to E-1. Unfortunateiy, the Board did not agree with your rationale for relief. The Board concluded that the RCM 706 Board's opinion was accurate based on the evidence. You were psychiatrically evaluated during the RCM 706 Board and prior to its convening with no evidence that you suffered from a major depressive disorder. The fact you were later diagnosed after your conviction and confinement did not convince the Board you possessed the disorder between 27 May 1999 and 6 Jul 1999 when you wrongfully used mar1Juana or prior to your conviction. In addition, even if you possessed a major depressive disorder, the Board was not convinced that you were not mentally responsible for your misconduct. As stated by the RCM 706 Board, there was no evidence you were unable to distinguish t hat your misconduct was not wrongful. Therefore, the Board concluded your court-martial conviction and sentence was appropriate in light the seriousness of wrongfully using illegal drugs multipl e times. Based on their findings, the Board to determine no error or injustice exists in your case. 

It is regrettable that the circumstances of your case are such that the Board will not process any additional revi ews and this matter is considered a final action. However, .if you wish to continue to seek relief you will need to present your concerns to a federal court of appropriate jurisdiction. 
Sincerely, 

Executive Director 
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