DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 3638-17 /5181-14 

Dear

Thank you for your correspondence to the President regarding your recent reconsideration request. You previously petitioned the Board and were advised in our letter of 18 May 2015 that your application had been denied. Your case was reconsidered in accordance with Board for 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 ofNaval Records, sitting in executive session on 17 May 2017. Documentary material considered by the Board consisted of your Application for correction ofMilitary Record (DD Form 149), any material submitted in support ofyour application, and your prior case file. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding ofthe issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence ofrecord . 

After careful and conscientious consideration ofthe entire record, the Board determined your correspondence, even though not previously considered by the Board, was insufficient to establish the existence ofmaterial error or injustice. The Board determined your desire to upgrade your characterization to be eligible for benefits through the Department ofVeterans Affairs (DAV), was not enough to outweigh your significant misconduct that resulted in a special court-martial for drug use and distribution in in light ofthe Marine Corps' policy of"zero tolerance." Despite a service member's.prior record ofservice, certain serious.offenses, even though isolated, warrant separation from the Marine Corps to maintain proper order and discipline. Accordingly, your application has been denied. The names and votes ofthe members ofthe panel will be furnished upon request. 

It is regretted.that the circumstances ofyour reconsideration petition are such that favorable action cannot be taken again. You are entitled to have the Board reconsider its decision upon the submission ofnew and material evidence. New evidence is evidence not previously considered by the Board. In the absence ofsufficient new and material evidence for reconsideration, the 
decision ofthe Board is fmal, and your only recourse would be to seek relief, at no cost to the · Board, from a court ofappropriate jurisdiction. 

It is important to keep in mind that a presumption ofregularity attaches to all official records. 
Consequently, when applying for a correction ofan official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director