DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 
             
 Docket No: 3118-18/                
	    4113-01                                    
Ref: Signature Date 

This letter is in reference to your request for reconsideration received 12 April 2018.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised in our letter dated 21 November 2001, 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 that 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, sitting in executive session on 5 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You presented as new evidence your assertion that have become a productive citizen in society and understand that it was an honor to serve in the Marine Corps.  Regarding your in-service misconduct, you state that you understand that you handled each situation completely wrong, you were immature, and it was inappropriate.  In regards to uttering checks with insufficient funds, you explained to someone whom you thought was your friend that you misplaced your checkbook, but it was taken by your friend who actually stole it, wrote checks, and forged your signature.  You now contend that you took the punishment regarding the checks for a friend, thinking that you were doing the “right thing.”  The Board also considered your submission of character letters on your behalf.  However, the Board concluded that these factors were insufficient to warrant relief due to the significant misconduct you committed while on active duty, including four non-judicial punishments. 

It is regretted that the circumstances of your reconsideration petition are such that favorable action cannot be taken.  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 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,