Docket No: 7498-19 
Ref: Signature Date 
 

Dear :  
 
This letter is in reference to your reconsideration request dated 19 September 2019.  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 for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2020.  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, and applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active-duty service on 27 September 2009.  In February 2010, you were prescribed Ritalin, and your dosage was increased over a period of a year.  In 2011, you were assigned to the U.S. Naval Academy to maintain training vessels for midshipmen.  On 9 August 2011, you crushed and snorted your prescription medication while serving on a midshipman cruise.  On 12 September 2011, you were notified of administrative separation proceedings on the basis of misconduct due to drug abuse.  On 30 November 2011, you appeared before an administrative separation board, which found by unanimous vote that you committed misconduct and recommended that you be separated with a general 
characterization of service.  On 2 February 2012, you were separated on the basis of misconduct due to drug abuse with a general characterization of service and a reentry (RE) code of RE-4.   
 
You seek reconsideration before the Board and request an upgrade to your service characterization from general to honorable.  Previous panels of the Board, in 2013 and 2016, denied your requests for an upgrade to your characterization of service.  In your petition, you provide information regarding your diagnosis of bipolar disorder and autism spectrum disorder.  You assert that you were in a manic state in your previous petition.  You also state that you have been making strides in handling your bipolar disorder and that you are working to ensure the incident that occurred in the Navy never happens again.    
 
The Board, in its reconsideration of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you were impacted by a mental health condition at the time of your misconduct.  The Board found that, in light of your misconduct, your mental health conditions were properly accounted for in your general characterization of service.  The Board determined that your characterization of service is appropriate given the seriousness of your wrongful use of a controlled substance, and that an upgrade to honorable is not warranted.    
 
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.