DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6407-18/ 11975-14 Ref: Signature Date Dear This letter is in reference to your request for reconsideration dated 19 June 2018. You previously petitioned the Board for Correction of Naval Records (Board), and were advised in our letter that your applications had been disapproved. Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Secretary of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). After careful and conscientious consideration of the entire record, the Board found that 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 16 July 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would 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 presented as evidence a personal statement and a character letter. After careful and conscientious consideration of the entire record, the Board determined that the documentation that you provided, even though not previously considered by the Board, was insufficient to establish the existence of probable material error or injustice. Regarding your contentions that your true nature as an adult, along with the positive life you have lived, are not reflected accurately in your characterization of service on your Certificate of Release or Discharge from Active Duty (DD Form 214), and that since your discharge you have been a model citizen of your community and a good person to all people, the Board noted that, while commendable, your prior/post-service conduct does not excuse your conduct while enlisted in the Navy, or the basis for your discharge. Regarding your contention that your command failed to ensure that you understood what was happening to you with the administrative discharge, and that you should have received counseling on the ramifications of what was presented to you, the Board noted that the record shows that you were notified in writing of your procedural rights and, after consultation with qualified military counsel, waived your right to present your case to an administrative board (ADB). In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. 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 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 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.