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

Docket No: 2174-19/ 
           2258-15 
Ref: Signature Date 

Dear : 

This letter is in reference to your reconsideration request dated 1 February 2019. You previously petitioned the Board for Correction of Naval Records (Board) and were advised that yourapplication 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 9 April 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. As new matters, the Board considered your contention that the reason for your discharge is related to a medical condition, which resulted in surgery and your admission for several months. You assert that your behavior that the discharge refers to was an effort to self-medicate while being told that nothing was wrong with your back by medical or that they will get you to a hospital within 90 days. The medical staff onboard your ship did nothing to assist you with your pain and condition so you took it upon yourself to leave the ship and seek medical treatment. The Board concluded that these factors were insufficient to warrant relief because of the seriousness of your repeated misconduct that resulted in three NJPs, which included wrongful use of a controlled substance on two occasions and several periods of unauthorized absence. 

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. 

Sincerely,