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

 Docket No: 4736-18 

 Ref: Signature Date 

Dear 

This letter is in reference to your reconsideration request dated 21 May 2018. 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. 

Your current request has been carefully examined by a three-member panel of the Board, sitting 
in executive session on 7 August 2019. Documentary material considered by the Board 
consisted of your Application for correction of Military Record (DD Form 149), any material 
submitted in support of your application, and your prior case file. 

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 issues 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

After careful and conscientious consideration of the entire record, the Board determined your DD 
Form 149 and attached documents, even though not previously considered by the Board, were 
insufficient to establish the existence of material error or injustice. The Board relies on a 
presumption of regularity to support the official actions of public officers and, in the absence of 
substantial evidence to the contrary, will presume that they have properly discharged their 
official duties. Your allegations of lack of help or direction were unsupported in the record and 
failed to overcome that presumption. The Board noted that the record contains evidence that you 
were given help to overcome addiction and directed in the right path by superiors, contrary to 
your contention. In addition, during a psychological evaluation you admitted to using chemicals 
and alcohol at age nine and that you were held in a detention center and two mental institutions 
prior to your enlistment. The Board considered your youth and immaturity as mitigating factors 
in your behavior, but concluded that the severity of your misconduct outweighed your mitigating 
factors. Accordingly, your application has been denied. The names and votes of the members of 
the panel will be furnished upon request. 

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.