DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1993-17 OCT 09 2017 Dear , This is in reference to yonr application for correction ofyonr naval record pnrsuant to the provisions of 10 USC 1552. Yonr 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 13 October 2010 and 29 April 2016. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 31 August 2017. The names and votes ofthe members ofthe panel will be furnished upon request. 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 ofyour application, together with all material submitted in support thereof, relevant portions ofyour 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 Board carefully considered your arguments you deserve an upgrade to your characterization ofservice and disability discharge based on medical evidence that your Traumatic Brain Injury (TBI) may have influenced your decision to use marijuana in 1994" You assert the 2010 and 2016 board decisions possibly considered your drug use as chronic in denying your previous applications. Unfortunately, the Board disagreed with your rationale for relief. The Board determined that you were appropriately separated for drug abuse with an Other than Honorable (OTH) characterization despite the mitigation evidence you offered regarding your second incident ofdrug use. The Board concluded that you qualified for an OTH based on your first incident ofwrongful drug use involving methamphetamines for which non-judicial punishment was imposed on 21December1993. This was several months prior to your TBI and determined to be an unrelated incident ofmisconduct. Based on this misconduct, the Board decided you were appropriately awarded an OTH due to the seriousness of drug use in the context ofmilitary service. The Board felt that wrongful drug use in the military is a reasonable basis for an OTH characterization ofservice because ofthe potential danger it causes to other service members in the performance ofhazardous military duties and the break down in can cause to good order and discipline within the unit. The fact your command intended to process you for administrative separation due to drug abuse after your first incident also was a factor in the Board's decision. Accordingly, the Board determined no error or injustice exists in your case. 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 of sufficient 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 of probable material error or iajustice. Sincerely, Executive Director