DEPARTMENT OF THE NAVY 

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

DocketNo: 5290-16/ 1763-00 

Dear
 
This is in reference to your latest_ reconsideration request dated 29 May 2016. You first 
petitioned the Board on 18 February 2000 and were advised in our letter dated 25 August 2000 
that your application had been disapproved. Between 13 June 2004 and your current 
consideration request,. you petitioned the Board on 12 separate occasions, and, because you did 
not submit new evidence, your requests for reconsideration were disapproved. Your current case 
was reconsidered in accordance with Board for 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 ofthe Board for 
Correction ofNaval Records sitting in executive session on 16 February 2017. The names and 
votes ofthe members of the 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 the new 
statement you provided was insufficient to establish the existence ofprobable material error or 
injustice. The Board considered your contention that your offense of"improper watchstanding" 
did not warrant an other than honorable discharge. However, the Board concluded your 
contention was not sufficient to warrant recharacterization of your discharge because ofthe 
serious nature ofyour repetitive misconduct which resulted in five nonjudicial punishments and 
two courts-martial convictions. Given the circumstances ofyour case, the Board concluded your 
discharge was proper as issued and no change is warranted. Accordingly, your application must 
again be denied. 

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 ofthe 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director