Docket No: 10447-18                                         
Ref: Signature Date 

Dear  
 
This letter is in reference to your 28 September 2018 reconsideration request.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the 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.      
 
A three-member panel of the Board, sitting in executive session, carefully considered your request for reconsideration on 8 October 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, and applicable statutes, regulations, and policies. 
 
You presented as evidence a personal statement, information from the Department of Veterans Affairs (DVA), information from Social Security, information on your current medical condition,   and your marriage separation agreement.  After careful and conscientious consideration of the entire record, 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.   
 
In regard to your contention that you were told your discharge would be upgraded after six months, the Board noted that there is no provision in law or regulation that allows for re-characterization of a discharge automatically after six months due solely to the passage of time.  Moreover, the record contains no evidence, and you presented none, to support your contention. 
 
In regard to your contention that you need Department of Veterans Affairs (DVA) benefits, whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you should contact the nearest office of the 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.  You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In the absence of new matters 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.