DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON,-VA 22204-2490
TJR
Docket No: 5321-14
26 February 2015
This is in reference to your latest reconsideration request dated
12 March 2014. You previously petitioned the Board and were
advised in our letter that your application had been denied.
Your current request has been carefully examined by a three-
member panel of the Board for Correction of Naval Records,
sitting in executive session on 24 February 2015. 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 any material submitted in support of your
application.
After careful and conscientious consideration of the entire
record, the Board determined that your explanation for your in-
service misconduct, post service conduct, and character reference
letters, even though not previously considered by the Board, were
insufficient to establish the existence of material error or
injustice. The Board determined that your new evidence was not
enough to outweigh the significant misconduct you committed while
serving on active-duty. Further, Board regulations state that
personal appearances before the Board are not granted as a right,
but only when the Board determines that such an appearance will
serve some useful purpose. In your case, the Board determined
that a personal appearance was not necessary and considered your
case based on the evidence of record. Accordingly, your
application has been denied.
It is-regrettable that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence within one year from the date of the Board’s
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. In this
regard, 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 record, the burden is on
the applicant to demonstrate the existence of material error or
injustice.
Sincerely,
ROBERT J. O'NEILL
Executive Director
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