DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
  
 Docket No: 9654-18 
                      
 Ref: Signature date 
 
Dear  
 
This letter is in reference to your reconsideration request dated 12 September 2018.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your applications 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 21 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 24 May 1985.  On 1 October 1987, you received nonjudicial punishment (NJP) for wrongful use of marijuana.  You were awarded forfeiture of pay, restriction, extra duties, and reduction in rank.  On 7 October 1987, administrative discharge action was initiated by reason of misconduct due to drug abuse/use.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive an under other than honorable (OTH) conditions discharge and the separation authority approved your separation from the Navy.  On 27 October 1997, you received an OTH discharge. 
 
You requested the Board upgrade your discharge.  You asserted that there may have been some impropriety with your urinalysis test.  Additionally, you stated that prior to this misconduct, you had two periods of honorable service and were awarded the Good Conduct Medal twice.  The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions but concluded these factors were not sufficient to warrant a change to your discharge given your misconduct of drug use.  The Board noted that you provided no evidence beyond your statement to support your contention of impropriety with your urinalysis test.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in good faith according to governing law and policy. 
 
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.