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

Docket No: 4373-19/ 1519-04 
Ref: Signature Date 

Dear : 

This letter is in reference to your reconsideration request dated 22 April 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 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 2 June 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.  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 were offered an other than honorable (OTH) discharge and told it would not affect your ability to find a job or receive medical care from the Department of Veterans Affairs (VA), and that you are currently in need of VA medical care due to your age, the Board noted that eligibility for benefits is a matter under the cognizance of the VA, and you should contact the nearest office of the VA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the VA.  The Board also noted that under current regulations you may be eligible for veterans benefits due to injures you received while on active duty. 

In regard to your contentions that you have lived a good life, are married, have kids, and provided a fair living for your family by driving trucks for 50 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.  Regarding your contention that you would like to be buried with military honors, the Board noted that eligibility to be buried with military honors is a matter under the cognizance of the National Cemetery Administration or your local cemetery and you should contact the nearest office of choice concerning your right to apply for this benefit. 

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,