DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0444-19/11642-09 Ref: Signature Date Dear : This letter is in reference to your reconsideration request dated 21 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 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 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, and applicable statutes, regulations, and policies. The Board carefully weighed all potentially mitigating factors in your case, including your submission of supporting documentation on your behalf and your desire to upgrade your discharge. The Board considered all your contention that you spent over a year in , and from October 1990 to November 1991, when you came home you realized you were getting sick and nervous and didn’t realize what was happening. You are now almost 48 years old and have had Stage 2B Hodgkin’s Disease Stage, Heart Failure, Triple Bypass, over 10 stents and at least 2 dozen cardiac inventions. You assert that the Department of Veteran Affairs (VA) has changed your discharge with them to Honorable and you are rated at 100% service connected disability. You contend that a Medical Captain from the base you were stationed at discharged you, and he knew you were going the civilian route for medical attention. The Board concluded that your misconduct, which resulted in your request for an other than honorable (OTH) discharge to avoid trial by court-martial, outweighed your desire to upgrade your discharge under the totality of the circumstances. Accordingly, the Board discerned no probable material error or injustice in the discharge. Additionally, please be advised that decisions reached by the VA to determine if former servicemembers’ rate certain VA benefits do not affect previous discharge decisions made by the Navy. The criteria used by the VA in determining whether a former member is eligible for benefits are different than that used by the Navy when determining a member’s discharge characterization. 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, 1/24/2020 Deputy Director