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

Docket No: 11042-18
           10486-02
Ref: Signature date

Dear	:

This letter is in reference to your reconsideration request dated 22 October 2018. You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved. Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y 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.

A three-member panel of the Board, sitting in executive session, considered your application on 26 August 2019. The names and votes of the members of the panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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.

As new evidence, you submitted a statement regarding the circumstances of your service and discharge. You explained that you were injured while in the delayed entry program (DEP) and it caused you to lose the opportunity for assignment in the advance electronic field and assignment as a fire control technician. You stated you were disappointed when you were unable to attain striker designation and that led to your misconduct. You claimed your command should have given you substance abuse counseling and treatment. You have now had 20 years of sobriety during which you completed a college degree. You expressed a desire to join the American Legion and AMVETS in order to help veterans, especially those suffering with substance abuse issues.

The Board carefully considered this new information, but determined that it was insufficient to warrant a change to your discharge characterization.  The Board noted that, on 30 July 1985, after you had been in an unauthorized absence (UA) status four separate times, you received an administrative counseling from your command that included an explanation of drug and alcohol counseling available to you through the Navy. It does not appear that you ever took advantage of these services and then were UA three more times before being convicted of wrongful use of a controlled substance in March 1986. Although the Board commends you on your post-service accomplishments, the Board did not find that these were sufficient grounds for clemency to be granted given your repeated in-service misconduct.  The Board, therefore, found no material error or injustice in your 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 matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. In the absence of 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,

Executive Director