DEPARTMENT OF THE NAVY 

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

Docket No: 2153-16/ 9927-94 
JAN 31 2017 

Dear 

This is in reterence to your latest reconsideration request dated 4 Mdrch 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 ofNaval Records procedures 
that conform to Lipsman v. Secretary ofthe Army, 335F.Supp.2d 48 (D.D.C 2004). 

Accordingly, your request has been carefully examined by a three-member panel of the Board 
for Correction of Naval Records, sitting in executive session on 15 November 2016. The names 
and votes of the members ofthe panel will be furnished upon request. Documentary material 
considered by the Board consisted ofyour application and any material submitted in support of 
your 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 material error or injustice. A review ofyour 
recent application and its attachments reveals that again your request must be denied. 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 misconduct, as evidenced by three nonjudicial punishments (NJPs), two special 
courts-martial (SPCM), and a bad conduct discharge (BCD), outweighed your desire to upgrade 
discharge. 

Moreover, the Board noted that you received a pardon and a Clemency Discharge (CD) under the 
President Ford Clemency Program. However, neither the Department ofVeterans Affairs 
(DVA) nor the Department ofDefense (DOD) considers a recipient ofa CD to be entitled to any 
benefits denied by reason ofthe original discharge. The Board concluded that a further change, 
which would make you eligible for DVA benefits, was not warranted. 

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 ofan official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director