DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                                                        
Docket No: 1521-19/                               
           9216-04            
Ref: Signature Date 

This letter is in reference to your reconsideration request dated 23 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 18 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 as new evidence a personal statement, character letters, Department of Veterans Affairs (VA) request form, and congressional to Senator .  After careful and conscientious consideration of the entire record, the Board determined that the documentation you provided, 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 you have become an outstanding citizen, raised three successful kids, and served the community and veterans in a professional manner, the Board noted that while commendable, your post service conduct does not excuse your conduct while enlisted in the Navy or the basis for your 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 is 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, 


3/26/2020