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

Docket No: 6315-16 /7193-06 
JUL 27 2017 


This is in reference to your recent reconsideration request. You previously petitioned the Board and were advised in our letter of23 May 2007 that your application had been denied. Your case was reconsidered in accordance with Board for Correction ofNa val Records procedures that conform to Lipsman v. Secretary ofthe Army, 335 F. Supp. 2d 48 (D.D.C 2004). 

Your current request has been carefully examined by a three-member panel ofthe Board for 
Correction ofNaval Records, sitting in executive session on 31 May 2017. Documentary 
material considered by the Board consisted ofyour Application for correction ofMilitary Record (DD Form 149), any material submitted in support ofyour application, and your prior case file. 

After careful and conscientious consideration of the entire record, the Board determined your correspondence, even though not previously considered by the Board, was insufficient to establish the existence ofmaterial error or injustice. The Board determined your contention that you were having marital problems because your wife refused to relocate, was not enough to outweigh the significant misconduct you committed while on active duty. Despite a service member's prior record of service, certain serious offenses, even though isolated, warrant separation from the Navy to maintain proper order and discipline. Wrongful use ofa controlled substance is one such offense requiring, at a minimum, mandatory processing for an administrative separation, which usually results in an unfavorable characterization ofdischarge. The Board noted that as a result ofyour prior honorable service you may be eligible for veteran's benefits. You should contact the nearest office ofthe Department ofVeterans Affairs if you desire clarification about your eligibility for those benefits. Accordingly, your application has been denied. The names and votes of the members ofthe panel will be furnished upon request. 

It is regretted that the circumstances ofyour 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 ofappropriate jurisdiction.
 
It is important to keep in mind that a presumption ofregularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director