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


Docket No: 8990-17/0214-11
Ref: Signature date


Dear	:

This is in reference to your reconsideration request of Docket No.: 0241-11. You previously 
petitioned the Board for Correction of Naval Records (BCNR) and were advised in our letter of 
17 October 2011, that your application had been denied. Your case was reconsidered in 
accordance with the BCNR procedures, which conform to Lipsman v. Secretary of the Army, 
335F.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 reconsideration request has been denied.

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding of the issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record.

Because your application was submitted with new evidence not previously considered, the 
BCNR 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 BCNR, sitting in executive session on 
4 February 2019. 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, applicable 
statutes, regulations, and policies.

You presented as new evidence a document from the Department of Veterans Affairs and a letter 
from your wife indicating that you were kicked in the head by a drill instructor and were exposed 
to contaminated water at     . The Board determined that the documentation that you 
provided, even though not previously considered by the Board, was insufficient to establish the 
existence of probable material error or injustice. The Board in its review discerned no 
impropriety or inequity in your discharge.

In regard to your contention that you were exposed to contaminated water while serving at Camp 
Lejeune, Public Law 112-154, "Honoring America's Veterans and Caring for Camp Lejeune 
Families Act of 2012," requires the Veterans Administration to provide health care to Veterans 
with one or more of 15 specified illnesses or conditions. You should contact the nearest office of 
the DVA concerning your right to apply for benefits or appeal an earlier unfavorable 
determination.

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. In 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 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,




4/11/2019

Executive Director


























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