Docket No: 7112-19 
           2701-02  
Ref: Signature date 
 

Dear : 
 
This letter is in reference to your reconsideration request dated 1 July 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 matters 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 29 January 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 matters your statement requesting the Board upgrade your discharge to general (under honorable conditions).  You assert your belief that “it was a harsh punishment for the deed I committed.”  However, the Board determined that the matters that you provided, even though not previously considered by the Board, were insufficient to establish the existence of probable material error or injustice in your discharge, given your misconduct that resulted in five NJPs and a SPCM. 
 
It is regretted that the circumstances of your reconsideration petition are such that favorable action cannot be taken again.  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.