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

Docket No: 9003-16/10938-14 
MAY 29 2017 

Dear

This is in reference to your latest reconsideration request in which you requested to have your reentry code changed. You previously petitioned the Board and were advised in our letter dated 13 November 2015 that your application had been denied. Your case was reconsidered in accordance with Board for Correction ofNaval 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, Board regulations state that personal appearances before the Board are not granted as a right, but only when the Board determines that such an appearance will serve some useful purpose. In your case, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

Your current request has been reconsidered by a three-member panel of the Board for Correction ofNaval Records, sitting in executive session on 22 February 2017. The names and votes ofthe members ofthe panel will be furnished upon request. Documentary material considered by the Board consisted ofyour application and any material submitted in support of your application. 

After careful and conscientious consideration ofthe entire record, the Board determined that your statement regarding the circumstances surrounding your discharge, even though not previously considered by the Board, was insufficient to establish the existence of material error or injustice. The Board found that your current petition is substantially similar to your previous claim oferror or iajustice. The Board, in its review of your record and application, carefully weighed all potentially mitigating factors, such as your contentions that you entered the Navy without any heath or mental issues but exited with a diagnosis ofdepression, your good standing since your discharge, your ability to serve was impaired by your youth, immaturity, psychiatric problems impaired your ability to serve, your enlistment options were not satisfied or waived, and your ability to serve was impaired because you were not working in the field you were trained to work. The Board considered your contention that your depression had a factor on you making rational decisions. The Board concluded these factors were not sufficient to warrant relief in your case given the seriousness of your misconduct and your request for a good ofthe service discharge to avoid trial by court-martial. Accordingly, your application has again 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 of new 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