DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

             
Docket No:    
Date: Ref Signature 


This is in reference to your reconsideration request of Docket No.: 2167-18.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised in our letter of 4 March 2018 that your application had been denied.  Your case was reconsidered in accordance with the Board procedures, which conform to Lipsman v. Secretary of the Army, 335F.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 reconsideration request 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 24 April 2019.  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, all material submitted in support of your application, and the matters included in your previous petition. 

You presented as new evidence, a letter requesting the Board to reevaluate the facts of the case and to upgrade your discharge.  The Board determined that the evidence that you provided, even though not previously considered by the Board, was insufficient to establish the existence of probable material error or injustice.  The Board in its review discerned no material error or injustice in your discharge.
 
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 submission of new matters.  New matters are those not previously presented to or considered by the Board.  In the absence of sufficient 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,