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

 Docket No: 9258-18

 Ref: Signature Date 


Dear 

This letter is in reference to your reconsideration request dated 13 August 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. 

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 for Correction of Naval Records, 
sitting in executive session on 6 August 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 and character letters. 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 had family problems and the command would not grant you leave, the Board noted that there 
is no evidence in your record, and you submitted none, to support your contentions. 

In regard to your contention that you are no longer eligible to attend the local American Legion 
due to your OTH discharge, whether or not you are eligible to attend the American Legion is a 
matter under the cognizance of the American Legion, and you should contact the local office of 
the American Legion concerning your right to attend. If you have been denied right to attend, 
you should appeal that denial under procedures established by the local American Legion. 

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.