Docket No: 5885-19 
           4880-12 
Date: Ref Signature 
             
MR  
  

Dear Mr. , 
 
This letter is in reference to your reconsideration request dated 5 June 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, sitting in executive session on 24 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 and all material submitted in support of your application. 
 
You presented as new evidence, statements which you contend are mitigating circumstances.  You provided statements regarding the events surrounding the non-judicial punishment you received during your enlistment.  You contend you missed morning formation because you were receiving medical treatment for injuries you sustained from an assault.  Additionally, you contend that you had verbal arguments with the unit clerk.   You contend the unit clerk informed you he could manipulate your conduct marks negatively.  You further contend your youth and post service accomplishments are mitigating factors.   
 
The Board commends your positive post service conduct.  Notwithstanding, the Board determined that the evidence that you provided, even though not previously considered by the Board, was insufficient to establish the existence of probable material error or injustice and the Board discerned none. 
  
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,