Dear ,  
 
This letter is in reference to your reconsideration request dated 15 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.  
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 January 2020.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  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.   
 
The Board carefully considered your arguments that you deserve an upgrade to your characterization of service based on your assertion that you suffered from Post-Traumatic Stress Disorder at the time.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board applied liberal consideration to the facts of your case based on your 2019 letter from your medical provider that diagnoses you with a mental health condition.  Second, despite applying liberal consideration, the Board determined an upgrade to your characterization of service was not appropriate.  The Board determined the seriousness of your misconduct outweighed the mitigation offered by your mental health condition.  You were documented to have multiple incidents of long term unauthorized absences and missing movement that resulted in three special court-martial convictions and a non-judicial punishment during a 34-month period in which you were absent approximately 7 months.  As part of your convictions, you were sentenced to 11 months of total confinement for your misconduct in addition to a punitive discharge.  The Board felt the seriousness of your misconduct and the significant negative affect on good order and discipline was reflected in your punishments and should not be mitigated, despite liberal consideration of the evidence.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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.