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

 
Docket No: 6394-17/ 
           11157-06 

FEB 25 2019 

Dear 

This is in reference to your latest reconsideration request dated 21 July 2017. You previously 
petitioned the Board and were advised in our letter that your applications had been disapproved. 
Your case was reconsidered in accordance with Board of Correction of Naval Records 
procedures that conform to Lipsman v. Secretary ofthe Army, 335 F.Supp.2d 48 (D.D.C. 2004). 
After careful and conscientious consideration of the entire record, the Board found the evidence 
submitted was insufficient to establish the existence of probable material error or injustice. 
Consequently, your application has been denied. 

Because your application was submitted with new evidence not previously considered, the Board 
found it in the interest of justice to review your application. Your current request has been 
carefully examined by a three-member panel of the Board for Correction of Naval Records. 
sitting in executive session on 10 October 2018. 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, together with all material submitted in support thereof, relevant portions of 
your naval record and applicable statutes, regulations and policies. 

You stated two new contentions for the Board to reconsider your application. You stated that 
you have not been in any trouble since your discharge and you have been disabled since 2007. 
In this regard, the Board commends you on your post service accomplishments however, 
concluded that your repeated misconduct that resulted in three nonjudicial punishments and a 
summary court-martial outweighed your desire to upgrade your discharge. Regarding your 
disability, whether or not you are eligible for benefits is a matter under the cognizance ofthe 
Department of Veterans Affairs (DVA), and you should contact the nearest office of DVA 
concerning your right to apply for benefits. If you have been denied benefits, you should appeal 
that denial under procedures established by the DVA. 

It is regretted that the circumstances of your 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. ln the absence of sufficient new and material evidence for reconsideration, the 
decision of the 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 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