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

Docket No: 2350-16/ 0162-08 
FEB 05 2017 

Dear

This is in reference to your latest reconsideration request dated 8 March 2016, in which you requested to have your discharge upgraded. You previously petitioned the Board and were advised in our letter dated 1 December 2008 that your application had been disapproved. Your case was reconsidered in accordance with Board for Correction of Naval Records procedures that confonn to Lipsman v. Secretary of the Anny, 335 F. Supp. 2d 48 (D.D.C. 2004). 

Your current request has been reconsidered by a three-member panel of the Board for Correction of Naval Records, sitting in executive session on 23 November 2016. The names and votes of the 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. 
After careful and conscientious consideration ofthe entire record, the Board determined that your statement regarding the circumstances surrounding your discharge, even though not previously considered by the Board, was insufficient to establish the existence ofmaterial error or injustice. 

The Board determined that your satisfactory completion of alternate service and your post­
service conduct was not enough to outweigh the seriousness and frequency of the misconduct you committed while on active duty. In accordance with Presidential Proclamation 43 13, you received a pardon and a clemency discharge. However, the recharacterization to a clemency discharge does not entitle you to benefits administered by the Department of Veterans' Affairs 
(DV A). Unfortunately, the Board concluded that any further change or upgrade to your 
clemency discharge, which would make you eligible for DV A benefits, was clearly not 
warranted in your case. 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 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 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 enor or injustice. 

Sincerely, 


Executive Director