Docket No: 10434-19/ 
           4222-13 
Ref: Signature Date 

Dear  
 
This letter is in reference to your reconsideration request dated 25 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.  Your current request has been carefully examined by a three-member panel of the Board, sitting in executive session on 26 August 2020.  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. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, change your separation code and your narrative reason for separation.   As new matters, the Board considered your contention that you were suffering from severe back pain while you were in the Navy, thought you were receiving your discharge for medical reasons, and your separation code does not have a definition.  Additionally, the Board considered your contention that you became service connected disabled in 1996, and your rating continues to increase.  After careful consideration, the Board concluded that these factors were not sufficient to warrant relief because of the misconduct reflected in your record, which resulted in two NJPs and multiple adverse counseling entries.  The Board, in its review, discerned no impropriety or inequity in the discharge. 
 
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,