DEPARTMENT OF THE NAVY 

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

 
Docket No: 9526-17/9377-12/3324-99 
Ref: Signature date 


Dear 

This is in reference to your reconsideration request of Docket No.: 9377-12. You previously 
petitioned the Board for Correction of Naval Records (BCNR) and were advised in our letter of 
22 September 1999 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. 

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 
15 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 and all 
material submitted in support of your application. 

You presented as new evidence, a statement regarding the circumstances leading up to your 
discharge. You stated, you were hazed and threatened, and nothing was done, as well as that you 
are trying to apply to law school because you want to be an example for your grandchildren, 
family, and community. The Board determined that the evidence that you provided, even though 
not previously considered by the Board, was insufficient to establish the existence of probable 
material error or injustice. There was no evidence in the record and you provided none that 
supported your contention of hazing or threats. Absent additional evidence, there is a 
presumption of regularity that attaches to the proceedings of your punishment awarded at court 
martial. The Board in its review discerned no impropriety or inequity in your discharge. 

It is regretted that the circumstances of your reconsideration petition are such that favorable 
action cannot be taken. You are entitled to have the Board reconsider its decision upon 
submission of new matters. New matters are those not previously presented to or considered by 
the Board. In the absence of sufficient new matters for reconsideration, the decision of the Board 
is final, and your only recourse would be to seek relief 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, 

5/3/2019