Docket No: 5121-19/ 
           8418-13 
Ref: Signature Date 

Dear  : 
 
This letter is in reference to your reconsideration request dated 10 May 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. 
 
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 1 July 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.  As new matters, the Board considered your contention that your discharge has been upgraded, but not throughout the Veteran Affairs (VA) system.  The Board concluded that these factors were insufficient to warrant relief because of the seriousness of your repeated misconduct that resulted in five NJPs, which included wrongful use and possession of a controlled substance.  In regard to your contention, the criteria used by the VA in determining whether a former servicemember is eligible for benefits are different than that used by the Navy when determining a member’s discharge characterization.  Additionally, decisions reached by the VA to determine if a former servicemember rates certain VA benefits do not affect previous discharge decisions made by the Navy.   
 
Accordingly, under the totality of the circumstances, the Board, in its review, discerned no probable 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.  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, 

8/13/2020

Executive Director