Dear  
 
This letter is in reference to your reconsideration request.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been denied.  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 relevant portions of your naval record and your application, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 07 July 2020.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  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.  The Board also considered the 23 January 2020 advisory opinion (AO) furnished by the Marine Corps Military Personnel Law Branch (JPL), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to remove the Report of Civilian Conviction from your Official Military Personnel File (OMPF).  You contend that the Report of Civilian Conviction should be removed because you were not provided the opportunity to consult with a defense counsel prior to the report being placed in your file, you were not provided the opportunity to submit matters in response to the adverse material, and you were not provided a copy of the adverse material prior to its inclusion in your OMPF.  You further contend that the Report of Civilian Conviction is incomplete and fails to comply with MCO P5800.16A because it does not include an “investigation” or police report.  The Board also deliberated your contention that this report negatively impacted your competitiveness for promotion. 
 
The Board notes that the alleged injustice occurred in January 2007, thirteen years ago, when the Report of Civilian Conviction was inserted into your OMPF.  You petitioned the Board for removal of this adverse material in March 2011, the Board denied relief on 5 July 2011.  In this petition, you fail to explain why you have waited an additional eight years to again petition the Board, other than to explain that the adverse material may have caused you to fail selection for promotion to lieutenant colonel.  The Board will only reconsider a petition if an applicant provides new and material evidence or matter not previously considered by the Board.  You have provided no new materials that were not available in 2011, nor have you made any arguments that were not available to you in 2011.  The Board noted the material did not affect your promotion to Captain nor Major.  The Board concurred with JPL that the report shall remain in your official military personnel file. 
 
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,