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

Docket No. 5630-19 
Ref: Signature Date

Dear	,

This letter is in reference to your reconsideration request dated 20 August 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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 October 2019. The names and votes of the members of the panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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.

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability based on your assertion that you were suffering from mental and physical problems at the time of your discharge. Unfortunately, the Board disagreed with your rationale for relief. First, the Board concluded you were properly discharged with a Bad Conduct Discharge based on your special court-martial conviction on 23 December 1993. There was no evidence that you were not mentally competent when you committed the misconduct that formed the basis for your conviction and punitive discharge. The Board found your assertion of mental health problems insufficient evidence to support a finding that you were not criminally responsible for your misconduct due to mental illness.  Additionally, they noted that you received full due process through appellate review prior to the affirmation of your conviction and execution of your punitive discharge. Second, based on their finding that you were properly discharged due to misconduct, the Board determined that you were ineligible for disability processing even if evidence of a qualifying disability condition or conditions existed at the time of your discharge. Applicable disability regulations direct misconduct proceedings to supersede disability processing. Therefore, the Board found insufficient evidence of error or injustice to warrant a change to your record.

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,