Docket No: 9854-18/ 
4590-10 

Ref: Signature Date 

Dear 

This is in reference to your latest reconsideration request dated 15 June 2018. You previously 
petitioned the Board for Correction of Naval Records (Board) and were advised in our letter that 
your applications had been disapproved. Your case was reconsidered in accordance with Board 
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, sitting in executive session on 
16 July 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. 

You presented as evidence a personal statement and a character letter. 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 contentions that you are innocent of the offences you were charged with 
because you were set up by fellow Marines and your lawyer heard another Marine apologize to 
you on the way into the courtroom and said nothing, the Board noted that there is no evidence in 
your record, and you submitted none beyond your application, to support your contentions. The 

Board relies on a presumption of regularity to support the official actions of public officers and, 
in the absence of substantial evidence to the contrary, will presume that they have properly 
discharged their official duties. 

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.