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

Docket No: 8313-18/
           8588-17
Ref: Signature Date

Dear	:

This letter is in reference to your reconsideration request dated 3 September 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.

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 16 October 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 in your case, such as your submission of supporting documentation and your request to upgrade your discharge. The Board considered your contention that you had taken pills for a root canal while you were enlisted in the Marine Corps, you did not know they contained the substance cocaine. The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in wrongful drug use in light of the Marine Corps’ drug policy.  In regard to your contention, there is no evidence in your record that demonstrates you were medically prescribed pills that contained cocaine. The Board discerned no material error or injustice in the discharge action that would warrant a change in your characterization of service.

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.

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,