DEPARTMENT OF THE NAVY 

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

Docket No: 02973-16 
APR 18 2017 

Dear

This is in reference to your reconsideration request received on 25 January 2016. You 
previously petitioned the Board and were advised in our letter of 15 April 1982, that your 
application had been denied. Your case was reconsidered in accordance with Board of 
Correction ofNaval Records procedures that conform to Lipsman v. Secretary ofthe Army, 335 
F.Supp.2d 48 (D.D.C. 2004). 

Because your application was submitted with a new basis for relief that was not previously 
considered, the Board found it in the interest ofjustice to review your most recent application. 
In this regard, your current request has been carefully examined by a three-member panel ofthe 
Board for Correction ofNaval Records on 4 January 2017. The names and votes ofthe members 
ofthe panel will be furnished upon request. Documentary material considered by the Board 
consisted ofyour application and any material submitted in support ofyour application. 

The Board considered your request for an upgrade to your other than honorable discharge 
characterization on the basis ofthe circumstances surrounding your general court martial 
conviction of 15 December 1971. The Board noted that you state that you were given some 
powder from your brnther and told it was a controlled substance. You state that you offered the 
substance to a fellow servicemember, who in turned offered it to an acquaintance who turned out 
to be an undercover investigative agent. You were charged with possession with intent to sell, 
and found guilty at general court martial ofwrongful possession of a dangerous drug and 
wrongfully selling the drug. You state you never intended to sell anything and ask that the 
circumstances ofyour misconduct as well as your post-service accomplishments be taken into 
consideration. 

After careful and conscientious consideration ofthe entire available record, the Board 
determined that the statements you provided, even though not previously considered by the 
Board, were insufficient to establish the existence ofprobable material error or injustice. A 
review of your recent application reveals that again your request must be denied. In this regard, 
the Board considered your youth, the circumstances ofthe misconduct, and the fact that you now 
have a family and are a business owner. The Board determined that the assertions you provide in · 
your current application do not support correction to your record. The Board found that the 
seriousness ofthe misconduct ofwrongful possession of a controlled substance, notwithstanding 
the guilty finding for the sale ofa dangerous drug, warranted the other than honorable discharge 
characterization. Accordingly, your application has been denied. 

It is regretted that the circumstances of your reconsideration petition are such that favorable 
action cannot be taken again. You are entitled to have the Board reconsider its decision upon the 
submission ofnew and material evidence. New evidence is evidence not previously considered 
by the Board. In the absence ofsufficient new and material evidence for reconsideration, the 
decision ofthe 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 ofregularity attaches to all official records. 
Consequently, whenapplying for a correction of an official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director