DEPARTMENT OF THE NAVY 

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

Docket No: 613-16/ 2755-12 
JAN 03 2017 

Dear 

This is in reference to your latest reconsideration request received 20 January 2016. You 
previously petitioned the Board and were advised in our letter that your applications was 
approved and you were granted relief. Your case was reconsidered in accordance with Board of 
Correction ofNaval Records procedures that conform to Lipsman v. Secretary ofthe Army, 
335.Supp.2d 48 (D.D.C. 2004). 

Because your application was submitted with new evidence not previously considered, the Board 
found it in the interest ofjustice to review your application. Your current request has been 
carefully examined by a three-member panel ofthe Board for Correction ofNaval Records, 
sitting in executive session on 27 September 2016. The names and votes ofthe members ofthe 
panel will be furnished upon request. Documentary material considered by the Board consisted 
11fyour application a.'1d any material submitted in support ofyour application. 

After careful and conscientious consideration ofthe entire record, the Board determined that the 
documentation that you provided, even though not previously considered by the Board, was 
insufficient to establish the existence ofprobable material error or injustice. A review ofyour 
recent application and its attachments reveal that your request must be denied. Regarding your, 
contention that you have not been into any major trouble since your discharge, the Board noted 
while commendable, your post service conduct does not alter your conduct while enlisted in the 
Navy. Further, there is no provision in law or regulations that allows for re-characterization ofa 
discharge due solely to the passage oftime and good standings outside the Navy. In this regard, 
the Board concluded that the seriousness ofyour repetitive misconduct, which resulted in three 
NJPs and your failure of an alcohol rehabilitation program, outweighed your desire to upgrade 
your discharge. The Board also noted that an Administrative Discharge Board (ADB) 
recommended you receive an OTH discharge from the Navy. 

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

Sincerely, 

Executive Director