Docket No: 0727-19/ 
           2228-02 
Ref: Signature Date 
 

Dear : 
 
This letter is in reference to your reconsideration request dated 14 December 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 5 February 2020.  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, including your desire to upgrade your discharge.  The Board considered your contention that you did not receive the proper support to deal with your substance abuse/alcohol problem.  This problem began to interfere with your responsibilities, which led to your discharge.  The Board concluded that these factors were insufficient to warrant relief because of the seriousness of your repeated misconduct while on active duty.  In regard to your contention, your command was under no obligation to send you to alcohol or drug rehabilitation treatment unless it was determined, by competent medical authority, that you were dependent.  There is no documentation in your record that shows you were dependent.  The Board discerned no probable material error or injustice in the discharge action that would warrant a change in your characterization of service. 
 
It is regretted that favorable action cannot be taken on your reconsideration petition.  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.