Docket No: 4538-19/9018-04 
Ref: Signature Date 
 
 
  
 
Dear : 
 
This letter is in reference to your reconsideration request dated 25 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 2 June 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 evidence a personal statement.  After careful and conscientious consideration of the entire record, the Board determined that the documentation that 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 were never offered substance abuse treatment, the Board noted that the record contains documented evidence which is contrary to your contention.  The record shows the discharge authority directed that, prior to discharge, you be offered a minimum of 30 days of in-patient treatment at a Department of Veterans Affairs (VA) hospital for substance abuse. 
 
In regard to your contention that you need VA benefits, whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you should contact the nearest office of the VA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the VA.  In regard to your contention that you graduated third in your class from “A” School, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment.  The characterization of your service reflects your repeated misconduct, which resulted in three nonjudicial punishments.  Regarding your contention that you assaulted a shipmate due to the shipmate using racial slurs, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board concluded that your contentions and your desire to upgrade your discharge are outweighed by your misconduct.  
 
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, 
                                                                              
7/2/2020