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

Docket No: 4804-18          
	   7139-17   
Date: Ref Signature 

This letter is in reference to your request for reconsideration of Docket No.: 4804-18.  You previously petitioned the Board for Correction of Naval Records (Board), on behalf of your and you were advised in our letter dated 28 December 2017 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 for Correction of Naval Records (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. 

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  19 June 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. 

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. 

You presented as new evidence, a certificate of name search results from the Superior Court of   , County of  , regarding your father’s criminal record in    .  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.  Your father’s in-service records reflect that he was taken into civil custody on 6 January 1946, in , and convicted of robbery in Superior Court on 25 February 1946.  The certificate you provided states that the court clerk was “unable to provide you” with copies of the Court’s records of your father’s conviction because “[t]he case information requested has been purged and/or destroyed pursuant to Court order.” Accordingly, the Board in its review discerned no probable material error or injustice in your father’s 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 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 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,