DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 8582-16/4337 81
OCT 1 0 2017 

Dear 

This is in reference to your reconsideration request received on 22 September 2016. You previously petitioned the Board for an upgrade to your service characterization (Bad Conduct Discharge) and were advised in our letter of 5 August 198 l, that your application had been approved. The Board granted your request and upgraded your characterization to reflect a general discharge. Your current request seeks further relief, with a request for an upgrade from the general discharge to an hqnorable characterization ofservice. your case was recorsidered in accordance with Board ofCorrection ofNaval Records procedures that conform to Lips man v. Secretary ofthe Army, 335 F.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 most recent application based on the new evidence provided. In this regard, your current request has been carefully examined by a three­member panel ofthe Board for Correction ofNaval Records on 10 July 2017. The names and votes of the members of the 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. 

After careful and conscientious consideration of the entire record, including the character references provided and your personal statement, the Board determined that the infonnation you provided, even though not previously considered by the Board, was insufficient to establish the existence of injustice that merits an upgrade to your general characterization ofservice. In this regard, the Board considered your letter in which you reiterate the circumstances surrounding your in-service misconduct and write that this matter has weighed heavily on your heart. The Board also reviewed the character letters you submitted and noted your contributions to your community and the admirable way in which you have cared for your family and loved ones. Nonetheless, the Board found that the information you provided does not support granting further reliefand upgrading your discharge from general to honorable. The Board concluded that the general discharge justly reflects the circumstances of your misconduct, accounts for your genuine remorse and accurately reflects your service contributions to the Navy. 

Accordingly, your request for relief beyond what was previously granted is denied. It is regretted that the circumstances ofyour reconsideration petition are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon the submission ofnew and material evidence. ew 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 of regularity 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 of probable material error or injustice. 

Sincerely, 

Executive Director