Docket No: 

Dear 

This letter is in reference to your reconsideration request of Docket You 
previously petitioned the Board for Correction of Naval Records (Board) and were advised that 
your application had been denied. Your case was reconsidered in accordance with the Board 
procedures, which conform to Lipsman v. Secretary of the Army, 335 F. Supp. 2d 48 (D.D.C. 
2004). After careful and conscientious consideration of the entire record, the Board found that 
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 would not materially add to its understanding of the issues 
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 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, sitting in executive session on 
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 new evidence your attorney’s “Brief in Support of Correcting Military 
Record,” contending that your record be reviewed in the interest of equity, fairness and justice. 
You further contend that you have additional information to prove that your commanding 
officer (CO) was not accurate, honest, or truthful in his recommendation for your discharge, 
and that both the separation board and the Board made an error in relying on such information. 
Specifically, you contend that the Board erroneously relied upon your misconduct, specifically 
misconduct referenced by your CO in his discharge recommendation regarding your purported 
misconduct in civilian communities and extensive drug and alcohol abuse, when the Board 
concluded that the totality of your misconduct supported your discharge and characterization of 
service. You contend that your OTH discharge is unjust when balancing your characterization 
of service against your overall action and performance of duties, and that your history should 
be a factor the Board considers. The Board considered your contentions, and your post-service 
accomplishments and character letters. The Board determined that the documentation that you 
provided, even though not previously considered by the Board, was insufficient, under the 
totality of the circumstances, to establish the existence of probable material error or injustice in the discharge. 

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 
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, 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.