Docket No: 4088-19/ 13589-10 
Ref: Signature Date 
 
 
 
 
Dear : 
 
This letter is in reference to your reconsideration request dated 14 April 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 26 May 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. 
 
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. 
 
You presented as evidence two personal statements, SF 600, letter to  letter of commendation, and a Navy-Marine Corps Achievement Certificate.  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 while talking to the office where you were seen, the Navy Chaplains said that they do not write anything down because they were obligated to provide the information to the command if asked, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board also noted that there is no evidence in your record, and you submitted none, to support your contentions that you knew the USS  was improperly tagging out the lube oil purifiers and the USS  was not tagging them out at all.  The Board also noted your contention that you were written up for not putting a valve that was not working (the steam overpressure trip valve on the evaporator) in the ESL, and the chain of command (including the commanding officer) knew this valve was not working.  Again, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  Finally, the Board noted that the record shows that you were notified of and waived your right to present your case to an administrative discharge board (ADB).  In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. 
 
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, 
 
                                                                              6/30/2020