DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 299-19/ 6387-15 Ref: Signature Date This letter is in reference to your reconsideration request dated 4 December 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 7 January 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, and applicable statutes, regulations, and policies. 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. Regarding your contention on how is it possible to make a determination on your pervious request to the Board based on an incomplete record. The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presumes that you were properly discharged from the Marine Corps. Regarding your contentions that there were gross claims made against you that were not true, that your Gunnery Sargent indicated that there would be no charges because you had the integrity to come forward, that you were not the one who attacked the other Marine and that you were forced to testify against the attacker, the Board noted that there is no evidence in your record, and you submitted none, to support these contentions. The Board also noted that you requested an administrative discharge board (ADB), which determined that you committed misconduct due to a pattern of misconduct and recommended that you receive an other than honorable (OTH) discharge. Regarding your contention that after being recommended for an OTH discharge, you were allowed to participate in a combined arms exercise at , the Board finds it commendable that you participated, but the Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment. 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, 1/24/2020