DEPARTMENT OF1THE NAVY 

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

Docket No: 1254-16 /5935-82 
NOY 28 2016 

Dear : 

This is in reference to your latest reconsideration request dated 12 February 2016. You previously 
petitioned the Board and were advised in our letter that your applications had been disapproved. Your 
case was reconsidered in accordance with Board ofCorrection of Naval Records procedures that conform 
to Lipsman v. Secretary ofthe Army, 335 F.Supp.2d 48 (D.D. C. 2004). 

Your current request has been carefully examined by a three-member panel ofthe Board for Correction of 
Naval Records, sitting in executive session on 18 July 2016. The names and votes ofthe members of the 
panel will be furnished upon request. Documentary material considered by the Board consisted of your 
application and any material submitted in support ofyour application. 

After careful and conscientious consideration ofthe entire record, the Board determined that the 
documentation that you provided was previously considered by the Board, and continues to be 
insufficient to establish the existence ofprobable mate1ial error injustice. A review ofyour recent 
application and its attaclunents reveals that again your request must be denid. The Board considered 
your desire to upgrade your discharge. However, the Board did not find a basis for an error or injustice 
upon which relief may be granted. In this regard the Board concluded the severity ofyour six nonjudicial 
punislunent's (NJP) and two Special Court-Martials outweighed your desire to upgrade discharge. 

The Board was not persuaded by the unsubstantiated assertion that your discharge was based on racial 
discrimination. Whether or not you are eligible for benefits is a matter under the cognizance ofthe 
Department ofVeterans Affairs (DVA), and you should contact the nearest office ofthe DVA concerning 
your right to apply for benefits.  

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. You are 
entitled to have the Board reconsider its decision upon submission of new and material evidence within 
one year from the date ofthe Board's decision. New evidence is evidence not previously considered by 
the Board prior to making its decision in your case. In this regard, it is important to keep in mind that a 
presumption ofregularity 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 ofprobable material 
error or injustice. 

Sincerely, 


Executive Director