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

Docket No: 9589-17
           7533-13
	   9377-12                                                            
Ref: Signature date 


This is in reference to your reconsideration request of Docket No.: 9377-12.  You previously petitioned the Board (Board) and were advised in our letter of 7 August 2014, that your application had been denied.  Your case was reconsidered in accordance with the Board procedures, which conform to Lipsman v.  Secretary of the Army, 335F.Supp.2d 48 (D.D.C.  2004).  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your reconsideration request 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, sitting in executive session on 28 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 and all material submitted in support of your application. 

You presented as new evidence, a statement regarding the circumstances leading up to your discharge.  You contend that you were addicted to THC but were not offered any treatment after counseling, that you resorted to alcohol when trying to stay off of THC, that this caused problems with your performance and behavior.  You state, you were the sole supporter of your mother which made it difficult to upkeep your uniforms to military standard.  Additionally, you state, you were awarded the good conduct medal and you were promoted quickly because of your efficiency and professionalism.  In support of your contentions you provided no additional evidence nor was evidence found in the record.  The Board determined that the statements that you provided, even though not previously considered by the Board, were insufficient to establish the existence of probable material error or injustice in your discharge or the characterization of service. 

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 submission of new matters.  New matters are those not previously presented to or considered by the Board.  In the absence of sufficient new matters 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, 

6/13/2019