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

 Docket No: 6178-18 

 Ref: Signature Date 

Dear 

This letter is in reference to your reconsideration request dated 31 May 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. 

As new matters, you explained that your use of drugs was a coping mechanism and that you were 
young and did not understand the negative impact using drugs would have. You also newly argued 
that the punishment is unjust because it outweighs the violation. You contended that you did not 
receive proper counseling at the time of your discharge, which is the same contention you made in 
your previous petition. A three-member panel of the Board, sitting in executive session, considered 
your application on 2 July 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. 

The Board carefully considered the new contentions that you used drugs as a coping mechanism and 
your punishment outweighs the violations. Although you make the assertion that you used drugs as 
a coping mechanism, you did not provide any further information to assist the Board in determining 
what you were attempting to cope with, nor did you provide any supporting evidence for that 
assertion. In regard to your contention that your punishment outweighed the violations, the Board 
noted that your punishment was in accordance with the Navy’s “Zero Tolerance” drug policy. The 
Board, therefore, discerned 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. 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.