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

Docket No: 5623-16/ 6085-14 
MAY 2 2 2017 

Dear

This is in reference to your latest reconsideration request dated 13 June 2016. You previously 
petitioned the Board and were advised in our letter dated 8 July 2015 that your application had 
been disapproved. Your case was reconsidered in accordance with Board for Correction of 
Naval Records procedures that conform to Lipsman v. Secretary ofthe Army, 335 F. Supp. 2d 48 
(D.D.C. 2004).
 
Regarding your request for a personal appearance, the Board determined a personal appearance 
with or without counsel will not materially add to their understanding ofthe issues involved. 
Therefore, the Board determined a personal appearance was not necessary and considered your 
case based on the evidence ofrecord. Your current request has been carefully examined by a three-member panel ofthe Board for 
Correction ofNaval Records, sitting in executive session on 23 March 2017. 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 new personal statement and resubmitted three character letters from 
your ex-wife, mother, and stepfather. Although your statement was not previously considered by 
the Board, the Board determined the new evidence was not material and the seriousness ofyour 
misconduct while on active duty outweighed any mitigating evidence that you provided. 
Accordingly, your reconsideration request has been 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 of sufficient 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 of appropriate 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. 


Executive Director