Dear 


This letter is in reference to your reconsideration request dated 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 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 a change to your narrative reason for separation to disability. You argue that you suffered an ear infection and loss of hearing after a pool accident during basic training and that you signed your DD Form 214 because you were not properly counselled. Unfortunately, the Board disagreed with your rationale for relief. After reviewing your record, the Board found no evidence that your condition resulted from a pool accident. You were diagnosed with bilateral chronic otitis media on and discharged based on a finding that your condition preexisted your entry into the Navy. Absent medical evidence that your condition developed during your brief period of active duty, the Board felt the preponderance of the evidence does not support relief in your case. 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.