DEPARTMENT OF THE NAVY 

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

Docket No: 06397-16 

Dear

This is in reference to your reconsideration request received on 19 July 2016. You previously 
petitioned the Board and were advised in our letter of30 June 1989, that your application had 
been denied. Your case was reconsidered in accordance with Board ofCorrection ofNaval 
Records procedures that conform to Lipsman v. Secretary ofthe Army, 335 F.Supp.2d 48 
(D.D.C. 2004). 

The Board found it in the interest ofjustice to consider your request. In this regard, your current 
request has been carefully examined by a three-member panel ofthe Board for Correction of 
Naval Records on 28 February 2017. The names and votes of the members ofthe panel will be 
furnished upon request. Documentary material considered by the Board consisted ofyour 
application and any material submitted in support ofyour application. 

After careful and conscientious consideration ofthe entire record, the Board determined that you 
failed to provide new or material evidence. In your current petition you provided a statement 
about being away from your family for the first time, the harsh realities ofwar, and that you 
received satisfactory marks throughout your time in the Navy. You assert that you were asked to 
sign a release form, releasing you from the Navy, but had no legal counsel and you also have a 
copy ofyour service record and there are no documents indicating you agreed with the character 
ofdischarge received. The Board noted that your service record reflects that on 9 April 1970 
your commanding officer notified you that were being discharged under other than honorable 
conditions and you were advised of your rights and elected not to consult with counsel or to elect 
an administrative discharge board. The Board concluded that your new statements were not 
sufficient to warrant an upgrade to your discharge given your misconduct and drug 
use/possession. Accordingly, your application has again been denied. 

It is regretted that the circumstances of your 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 ofappropriate jurisdiction. 

It is important to keep in mind that a presumption ofregularity 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director