DEPARTMENT OF THE NAVY 

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


Docket No: 0063-17/ 
4914-15 

MAR 9 2018 


Dear : 

This is in reference to your reconsideration request received. You previously petitioned the 
Board and were advised_ in our letter of28 April 2016, that your application had been denied. 

Your case was reconsidered in accordance with Board of Correction ofNa val Records 
procedures that confonn 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 of the Board for 
Correction ofNaval Records, sitting in executive session on 27 February 2018. The names and 
votes ofthe members ofthe 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. 

You presented as evidence apersonal statement dated 28 April 2016, an affidavit from one of 
your shipmates dated 17 November 2016, and a letter address to you from the same sailor dated 
5 October2016. 

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 potentidlly mitigating factors, such as your desire to upgrade your 
discharge and your contentions that you only received 2 NJPs, never missed a muster, you were 
given the choice to stay in or get out after your 2 Captain's Mast, and you chose to stay because 
serving honorably was very important to you and after being harassed by a POI you accepted the 
discharge (3 NJPs attached, which are contrary to your contentions). Additionally, the Board 
reviewed your letters from your shipmate about his recollection that led to your discharge: The 
Board in its review discerned no impropriety or inequity in your discharge and concluded that 
your 3 NJPs, two ofwhich involved wrongful drug possession, outweighed your desire to 
upgrade your discharge. Accordingly, 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. 

Itis 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