DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 800-16/4470-84 

JAN 03 2017 

Dear 

This is in reference to your latest reconsideration request received 29 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 t>e furnished upon request. Documentary material considered by the Board cotisisted  
ofyour application and 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 been an outstanding member ofthe community since your discharge. 
The Board noted while commendable, your post service conduct does not alter your conduct 
while enlisted in the Navy. In this regard, the Board concluded that the seriousness ofyour 
repetitive misconduct, which resulted in eight NJPs, outweighed your desire to upgrade your 
discharge. The Board also believed that considerable clemency was extended to you when the 
Board For Correction ofNaval Records (BCNR) removed three ofyour eight NJPs and upgraded 
your discharge to general. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission ofnew 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 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. 


Executive Director