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

Docket No: 7480-17/ 
           1811-14 
APR 18 2019 

Dear : 

This is in reference to your request for reconsideration received 30 August 2017. You previously 
petitioned the Board and were advised in our letter of 18 March 2015, that your application had 
been disapproved. Your case was reconsidered in accordance with Board for Correction of 
Naval Records procedures that conform to Lipsman v. Secretary of the Army, 335 F. Supp. 2d 48 
(D.D.C. 2004). After careful and conscientious consideration of the entire record the Board 
found the evidence submitted was insufficient to establish the existence of probable material 
error or injustice. Consequently your application has been denied. 

Because your application was submitted with new evidence not previously considered, the Board 
found it in the interest of justice to review your application. Your current request has been 
carefully examined by a three-member panel of the Board for Correction of Naval Records, 
sitting in executive session on 9 January 2019. The names and votes of the members of the panel 
will be furnished upon request. Documentary material considered by the Board consisted of 
your application, together with all material submitted in support thereof, relevant portions of 
your naval record, as well as applicable statutes, regulations, and policies. 

The Board carefully weighed all potentially mitigating factors, such as your desire to change 
your discharge and narrative reason for separation. The Board considered your contentions 
that your pre-service civilian urinalysis test was used and considered as part of your separation; 
that your discharge was inequitable because it was based on one isolated incident, with no other 
adverse action; that you left all use of illicit drugs behind to start a new life, serving your country 
with honor and pride; that you do not recall waiving your rights; and that you were unjustly 
court-martialed and separated from the service without any explanation. 

The Board concluded that the seriousness of your repeated misconduct, which included the 
wrongful use of a controlled substance in light of the Navy's policy of zero tolerance outweighed 
your desire to upgrade your discharge. The Board noted you were briefed regarding the Navy's 
policy on drug and alcohol abuse. Specifically, the legal consequences of illicit drug use. 
Additionally, aJthough you contend that your wrongful use was an isolated incident, certain 
serious offenses, even though isolated, warrant separation from the Navy to maintain proper 
order and discipline. Wrongful use of a controlled substance is one such offense requiring 
mandatory processing for an administrative separation, which may result in an unfavorable 
characterization of discharge. 

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 of new 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 of the 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 of regularity attaches to all official records. 
Consequently, when applying for a correction of an official naval record, the burden is on the 
applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 
 

 

Executive Director