DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA  22204-2490                                                                                                
                                                                                                                         			Docket No: 8307-17/8192-16
                                                                                                                                           Dear

This is in reference to your latest reconsideration received on 29 September 2017.  You previously petitioned the Board and were advised in our letter of 16 August 2017, that your application had been disapproved.  Your case was reconsidered in accordance with Board of Correction of Naval Records procedures that 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 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 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 for Correction of Naval Records, sitting in executive session on 9 January 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.

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 of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  The Board considered your contention that in 1996 through 1997, you experienced hardships including vehicle breakdowns, carpool failures and two head on collisions that resulted in total vehicle loss; and your misconduct in the form of your unauthorized absence was misinterpreted.  The Board concluded that given your continued unauthorized absence status, your commanding officer’s decision to administratively discharge you from the Selected Marine Corps Reserve was appropriate, and it was administratively and procedurally correct as written and filed.  The Board discerned no impropriety or inequity in the discharge action that would warrant a change in your characterization of service.

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 and material evidence.  New evidence is evidence not previously considered by the Board.  In the absence of sufficient new and material evidence 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,



                                                                             
                                                                              Executive Director