DEPARTMENT OF THE NAVY 

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

Docket No. 2407-16 

JAN 03 2017

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of IO USC 1552. Your case was reconsidered in accordance with procedures that 
conform to Lipsman v. Secretary ofthe Army, 335 F. Supp. 2d 48 (D.D.C. 2004). You were 
previously denied relief by the Board on 6 July 2015. 

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 17 November 2016. Your allegations oferror and injustice were 
reviewed in accordance with administrative regulations and procedures applicable to the 
proceedings ofthis 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 ofthe entire record, the Board determined that while your request does contain 
new information not previously considered by the Board, it 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 suffered from alcohol and drug 
addictions that should be considered a disability. As a result, you assert that you deserve a 
change to your narrative reason for separation to disability. Unfortunately, the Board disagreed 
with your rationale for relief. First, the Board found no evidence you were not mentally 
responsible for your misconduct. Consequently, they concluded you were properly convicted 
and sentenced by the two courts-martial for wrongful use of drugs. Second, the Board found no 
evidence that you were unfit for continued naval service due to a disability incurred while in the 
Marine Corps. While it's true that you were involved in drug related misconduct, there was no 
evidence provided that supports a finding that your use ofdrugs was due to a disability. Finally, ,. 
since you were properly convicted-for serious misconduct, the Board determined your punitive 
discharge would supersede any disability processing even if there was evidence to support your 
assertion that you suffered from a disabilify. Accordingly, the Board determined no error or 
injustice exists in your case. 

It is regrettable that the circumstances ofyour case are such that the Board will not process any 
additional reviews 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