Docket No: 3084-18/2360-05 
Ref: Signature Date 

Dear  
 
This is in reference to your reconsideration received 10 April 2018.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised in our letter dated 29 March 2006, that your application had been disapproved.  Your case was reconsidered in accordance with Board of Correction of Naval Records procedures that 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 for Correction of Naval Records (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, sitting in executive session on 15 May 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, as well as applicable statutes, regulations, and policies. 
 
You presented as evidence a letter or assertions that you loved being in the Navy, prior to your discharge you became addicted to drugs and alcohol; you are now drug and alcohol free, and have been for the past 11 years thanks to alcohol and narcotics anonymous and very special doctors and friends.  The Board also considered your character letter.  The Board concluded these factors, while commendable, were not sufficient to warrant relief because of the significant misconduct you committed while on active duty that included five non-judicial punishments and civilian conviction. 
 
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. 
 
Sincerely, 
 
7/21/2019
Executive Director