DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 1316-16 
6294-07 
NOV 16 2016 

Dear : 

This is in reference to your latest reconsideration request dated 17 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 of Correction ofNaval 
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 of the Board for 
Correction ofNaval Records, sitting in executive session on 26 July 2016. The names and votes 
ofthe members ofthe panel will be furnished upon request. Documentary material considered 
by the Board consisted of your application and any material submitted in support of your 
application. 

You presented as evidence a Department ofVeterans Affairs (DVA) letter stating you have a 
service connected disability evaluated at 100 percent and the DV A determined your discharge to 
be honorable for VA purposes. You stated on your DD Form 149 that you submitted a DDF 293. 
This form could not be found anywhere within your case file. Although this new evidence was 
not previously considered by the Board, the Board determined the seriousness of your 
misconduct while on active duty outweighed any mitigating evidence that you provided. 
Accordingly, your application has been denied. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. 

You are entitled to have the Board reconsider its decision upon submission ofnew 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 of probable material error or injustice. 

Sincerely, 


Executive Director 
Acting