Docket No: 10185-19/
            9760-18 
Ref: Signature Date                                                                                       
 
Dear 
 
This letter is in reference to your reconsideration request dated 23 October 2019.  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.  A three-member panel of the Board, sitting in executive session on 7 October 2020, has carefully examined your current request.  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.  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.   
 
Regarding your contentions that your commanding officer (CO) was abusive, degraded, belittled, and humiliated you, your drills were excused, your CO told you that you did not have to attend drills, and your CO said he was taking your benefits, the Board noted that there is no evidence in your record, and you submitted none, to support these contentions.  Regarding your contentions that you informed your CO that you were going through a divorce and caring for your mother who was being abused, again, the Board noted that there is no evidence in your record, and you submitted none, to support these contentions.   

Regarding your contentions that your employer would write you up for attending drill and your traveling softball team would excuse you from some games to attend drills, the Board also noted that there is no evidence in your record, and you submitted none, to support these contentions. 
  
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. 
  
Sincerely,