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

Docket No: 1659-19/ 
5673-04 
Ref: Signature Date 
 
Dear : 
 
This letter is in reference to your reconsideration request dated 19 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 that 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 11 March 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, as well as applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  In your previous application to the Board, you contended that you were young at the time of your misconduct, and that much time had passed since you were discharged.  As new matters, the Board considered your contention that your discharge was improper and inequitable.  You further contend that you did nothing to deserve an other than honorable (OTH) characterization of service discharge, that your discharge was factually incorrect and inconsistent, that your chain of command vowed to end your days on the ship and commenced to doing “cruel things” to you to make you “quit.”  However, although the Board had not previously considered your present contentions, the Board concluded that these factors were insufficient to warrant relief because of the seriousness of your repeated misconduct you committed while on active duty.  Regarding your contention about your in-service treatment, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  Your allegations are unsupported in your service record, and you failed to provide any supporting documentation.  Therefore, the Board determined that you failed to overcome that presumption.  Your record reflects that you were warned of the consequences of continued misconduct after your fraudulent enlistment and your administrative separation proceedings, and that you nevertheless committed further misconduct as evidenced by your three non-judicial punishments and subsequent, second, administrative separation proceedings.  Accordingly, under the totality of the circumstances, the Board, in its review, discerned no probable material error or injustice in 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 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.