DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 567-16/7976-09 JAN 03 2017 Dear This is in reference to your latest reconsideration request dated 16 January 2015. You previously petitioned the Board and were advised in our letter that your applications had been disapproved. Your case was reconsidered in accordance with Board of Correction ofNaval Records procedures that conform to Lipsman v. Secretary ofthe Army, 335 F.Supp.2d 48 (D.D. C. 2004). Your current request has been carefully examined by a three-member panel ofthe Board for Correction of Naval Records, sitting in executive session on 27 September 2016. The names and votes ofthe members ofthe 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 ofthe entire record, the Board determined that the information that you provided was previously considered by the Board, and continues to be insufficient to establish the existence ofprobable material error or injustice. A review of your recent application and its attachments reveals that again your request must be denied. The Board noted that the record shows that you were notified ofand waived your procedural right to present your case to an administrative board (ADB). In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. Finally, regarding your assertion that you have been an upstanding citizen since discharge, the Board noted while commendable, your post service conduct does not alter your conduct while enlisted in the Marine Corps or the basis for your discharge. It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission ofnew and material evidence within one year from the date ofthe 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 ofregularity 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, Executive Director