Dear ,  
 
This letter is in reference to your reconsideration request dated 1 August 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 19 December 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, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies.   
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability and an upgrade to your characterization of service.  You assert that you were suffering from Post-Traumatic Stress Disorder (PTSD) and never received any treatment.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board found that you were criminally responsible for the misconduct that formed the basis for your administrative separation.  There was no evidence that you were not aware that you were not able to distinguish between right and wrong when committing the misconduct.  Second, despite finding no evidence of a PTSD diagnosis, the Board applied liberal consideration to the facts of your case based on your adjustment disorder diagnosis in 1984.  Third, despite applying liberal consideration to the circumstances of your case, the Board was unable to find a nexus between your possession and distribution of marijuana misconduct and your mental health condition.  In their opinion, while it was possible your drug use may be connected to your mental health condition, they found no connection between your mental health condition and your special court-martial conviction for possession and distribution of marijuana.  In their opinion, distribution of marijuana is not the type of behavior caused by PTSD or an adjustment disorder. Fourth, the Board concluded your special court-martial conviction was sufficient to support your other than Honorable characterization of service.  They determined possessing and selling marijuana is conduct that constitutes a significant departure of that expected of a servicemember and involves a deliberate act that could seriously endanger the health and safety of others.  Fourth, based on their determination that you were criminally responsible for your misconduct that formed the basis for your administrative separation, the Board concluded you were not eligible for disability processing under the disability regulations.  The Board believed, even after applying liberal consideration, that you were properly processed for misconduct vice disability since the seriousness of your misconduct, specifically the drug possession and distribution offenses, outweighed the mitigation offered by your mental health condition.  Accordingly, the Board concluded insufficient evidence of error or injustice exists to warrant a change to your record.       
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.  
 
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,