DEPARTMENT OF THE NAVY 

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

Docket No: 0062-17/ 984 79



Dear : 
This is in reference to your reconsideration request received. Your late husband previously 
petitioned the Board and was advised in our letter of21July1980, that his application had been 
denied. Your case was reconsidered in accordance with Board ofCorrection ofNaval Records 
procedures that conform to Lipsman v. Secretary ofthe Army, 335F.Supp.2d 48 (D.D.C. 2004). 

Your current request has been carefully examined by a three-member panel ofthe Board for 
Correction ofNaval Records, sitting in executive session on 27 February 2018. The names and 
votes ofthe members of the panel will be furnished upon request. Documentary material 
considered by the Board consisted ofyour application and any material submitted in support of 
your application. 

You presented as evidence your late husband's Certificate ofDeath, a personnel statement dated 
18 July 2016, President citation, Marriage license, Special Project Grant article, family letter 
dated 19 August 2002, City of Department ofHuman Services letter dated 22 March 2004, letter dated 3 October 2004, 
dated 3 October 2016 and character letters, Resume, a Birthday wish, two Spirit of Awards, 2002 Certificate of 
Recognition City council letter dated 16 March 2004, your late husband's funeral service 
program, and family photos. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. The 
Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your 
late husband's discharge, his positive life after prison and your contentions that after prison he 
became the man he would have been ifhe had been in a more positive environment and he 
served diligently and obediently in the Vietnam War. The Board concluded these factors were 
not sufficient to warrant recharacterization ofyour late husband's discharge given the 
seriousness ofhis misconduct. Unfortunately, your reconsideration request is 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 ofnew and material evidence. New evidence is evidence not previously considered 
by the Board. In the absence ofsufficient 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 ofan official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director