DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1583-19/ 7287-09 Ref: Signature Date Dear : This letter is in reference to your reconsideration request dated 23 January 2019. 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 matters 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 11 February 2020 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. You presented as evidence a personal statement, an Associate (AA) degree, and your resume. 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 you need Department of Veterans Affairs (DVA) benefits, whether or not you are eligible for DVA benefits is a matter under the cognizance of the DVA, and you may contact the nearest office of the DVA concerning your right to apply for benefits. If you have been denied benefits, you may appeal that denial under procedures established by the DVA. In regard to your contention that you were young and immature, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions. In regard to your contention that you were unfairly represented and pressured into accepting a civil conviction, the Board noted that there is no evidence in your record, and you submitted none, to support your contention. In regard to your contentions that you were not properly informed of the long-term consequences of your decision, that your misconduct was an isolated incident due to your abuse of alcohol, and that your character of service was not considered fairly, the Board noted that you requested an administrative discharge board (ADB), which fully considered your circumstances and recommended that you receive an other than honorable characterization of service due to your civil conviction. In regard to your contention that during your enlistment you had outstanding PFT scores, received a letter of appreciation, served on recruiter assistant duty, received a good conduct medal, attended college courses, and achieved the rank of E-4 in three years, the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment. In regard to your contention that since discharge, you obtained training, training, received an degree, joined , and have been clean and sober for almost 20 years, the Board noted that, while commendable, your post-service conduct does not excuse your conduct while enlisted in the Marine Corps or the basis for your discharge. 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.