DEPARTMENT OF THE NAVY 

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

Docket No: 2157-16/ 11436-10 

Dear 


This is in reference to your latest reconsideration request dated 3 March 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, 335F.Supp.2d 48 (D.D.C. 2004). 
Accordingly, your request has been carefully examined by a three-member panel ofthe Board 
for Correction ofNaval Records, sitting in executive session on 24 January 2017. The names 
and votes ofthe 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. 

Regarding your request for a personal appearance, be advised that Board regulations state that 
personal appearances before the Board are not granted as a right, but only when the Board 
determines that such an appearance will serve some useful purpose. In your case, the Board 
determined that a personal appearance was not necessary and considered your case based on the 
evidence ofrecord. 

After careful and conscientious consideration of the 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 of your 
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 of your misconduct, as evidenced by two nonjudicial punishments (NJPs), a summary 
court martial (SCM), and a special court martial (SPCM), outweighed your desire to upgrade 
discharge. 

Regarding your assertion about the Camp Lejeune water, Public Law 112-154, Honoring 
America's Veterans and Caring for Camp Lejeune Families Act of2012, requires the Veterans 
Administration to provide health care to Veterans with one or more of 15 specified illnesses or 
conditions. You should contact the nearest office of the Department ofVeterans Affairs (DVA) 
concerning your right to apply for benefits or appeal an earlier unfavorable determination. 

It is regretted that the circumstances ofyour reconsideration petition are such that favorable 
action cannot be taken again. You are entitled to have the Board reconsider its decision upon the 
submission ofnew and material evidence. New evidence is evidence not previously considered 
by the Board. In the absence ofsufficient new and material evidence 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 ofappropriate jurisdiction. 

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 of probable material error or injustice. 

Sincerely, 


Executive Director