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

Docket No: 3518-18 /10085-08    
Ref: Signature date 

This letter is in reference to your request for reconsideration of Docket No.: 10085-08.  You previously petitioned the Board for Correction of Naval Records (Board), on behalf of your late father,     , and you were advised in our letter dated 30 July 2009 that your application had been denied.  Your case was reconsidered in accordance with the Board procedures, which conform to Lipsman v. Secretary of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your reconsideration request 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  26 June 2019.  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, your contentions that you did not sell marijuana to “the other Marine,” now you have to live with the back injuries from the Marine Corps, and that you were “never exposed to drugs till the Corps.” 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.
 
Regarding your contentions, this Board is not an investigating agency, nor does it have the resources to investigate allegations regarding individuals and occurrences that purportedly occurred more than 30 years ago.  The Board is prohibited by law from reviewing the findings of a court-martial, since there is an appeal process for courts-martial, and your special court-martial conviction and sentence were affirmed upon completion of that appellate review process.  The Board does not have authority to set aside a court-martial conviction, and must limit its review to determining whether the sentence should be modified as a matter of fairness or clemency.  The Board also reconsidered your youth and immaturity as factors in your behavior, but concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge. Accordingly, the Board determined that no clemency is warranted at this time.  Regarding your concern about eligibility for healthcare, whether or not you are eligible for benefits is a matter under the cognizance of the Department of Veterans Affairs (DVA), and you may contact the nearest office of DVA concerning your right to apply for benefits.  If you have been denied benefits, you may appeal that denial under procedures established by the DVA. 

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 sufficient 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,