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

Docket No: 1293-19/                                         
           218-07 
Ref: Signature Date 
 

 
Dear : 
 
This letter is in reference to your reconsideration request dated 16 January 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 4 February 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, as well as applicable statutes, regulations, and policies. 
 
You presented a personal statement as evidence.  Unfortunately, your personal statement was illegible.  Attempts to contact your counsel for a better copy of the personal statement were unsuccessful.  After careful and conscientious consideration of the entire record (minus your personal statement), the Board determined that the documentation it was able to review, 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 your discharge was inequitable because it was made without consideration of extenuating circumstances, the Board noted that the record contains documented evidence which is contrary to your contention.  The record shows that on 31 August 1979, you requested a good of the service discharge to escape trial by court-martial for being in an unauthorized absence status on three separate occasions totaling 136 days.  In regard to your contention that you served with no other adverse actions in your record, the Board noted that a Sailor’s service is characterized at the time of discharge based on overall performance during the current enlistment. 
 
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.  If you resubmit your personal statement, it will be considered as new matters, and the case will be re-boarded.  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.