Dear : 
 
This letter is in reference to your reconsideration request dated 12 November 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 8 January 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 and the supporting documentation you submitted on your behalf.  The Board considered your contentions that you understand that fraternization can undermine a command, but your husband was in a different command than you; that he had served for 16 years in the Navy; and that you nor your husband intentionally disobeyed the rules.  The Board also considered that the two of you fell in love, tried to do the right thing by marrying and putting yourselves in a more acceptable relationship category in the eyes of the military, and that your husband was not charged because it was deemed an unlawful order since he was enlisted and you were the officer.  The Board concluded that these factors were insufficient to warrant relief because of the seriousness of your misconduct you committed while on active duty.  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. 
 
 
 
Executive Director