Docket No: 4947-19/ 
           64-02 
Ref: Signature Date 
    
  
Dear : 
 
This letter is in reference to your reconsideration request dated 16 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.  Your current request has been carefully examined by a three-member panel of the Board, sitting in executive session on 12 August 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, and 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 issue(s) 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 submission of supporting documentation and your statement to include your contention that you have spent the last 31 years living with the stigma of something that happened in which you were a victim of circumstance.  The Board additionally considered your contention that you were accused of lying after you told investigators repeatedly, that what they were asking you to testify to was a lie and did not occur and that you had no involvement in any capacity other than by chance.  The Board concluded that these factors were not sufficient to warrant relief because of the seriousness of your misconduct.  Further, this Board is not an investigating agency nor does it have the resources to investigate unsubstantiated allegations regarding individuals and occurrences that may have happened.  Unfortunately, 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,