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

Docket No: 9024-18                                         
Ref: Signature date 

Dear  
 
This letter is in reference to your reconsideration request dated 25 October 2018.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y 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.  A three-member panel of the Board, sitting in executive session on 12 November 2019, has carefully examined your current request.  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 would not materially add to its 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. 
 
You presented as evidence a personal statement.  After careful and conscientious consideration of the entire record, the Board determined that the documentation that you provided, even though not previously considered by the Board, was insufficient to establish the existence of probable material error or injustice. 
 
In regard to your contention that your mark of deserter was removed as erroneous, the Board noted that it is standard administrative procedure for the commanding officer to remove a mark of desertion as erroneous once you are returned to active duty after being in an unauthorized absence (UA) status. 
 
In regard to your contention that your record erroneously stated that you did not make a statement on the two non-judicial punishments (NJP) you received, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board also noted that the record clearly shows you did not appeal the two NJPs. 
 
In regard to your contention that the disregard for proper record keeping and military protocol resulted in your unjust discharge from the Marine Corps, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board also noted that you requested a good of the service discharge in lieu of trail by court-martial due to being in a UA status for 44 days.  As part of making such a request, you admitted guilt to the underlying misconduct and were advised that, if your request for discharge to avoid trial is granted, you will most likely receive an undesirable characterization of service.  
 
In regard to your contention that the Navy Discharge Review Board (NDRB) noted numbering errors and missing forms and signatures on your discharge paperwork, the Board noted that NDRB only has the authority to determine your eligibility for NDRB decisions.  The Board also noted that the decision of the NDRB holds no authority over and is not binding upon this Board. 
 
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.