Docket No:  5168-19/ 
            6364-80 
Ref: Signature Date 


Dear  , 

This letter is in reference to your reconsideration request dated 13 May 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.  Your current request has been carefully examined by a three-member panel, sitting in executive session on 8 July 2020.  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 and all material submitted in support of your application. 

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 new evidence statements regarding the events that led to your discharge.  You state, in part, you experienced racism, you were mistreated, and discriminated against by your superiors during your service in the Marine Corps.  You contend, you were provided inadequate counsel.  You explain that you hope to get your discharge upgraded so that you can seek care from a Department of Veterans Affairs (VA) Hospital.  The Board determined that the evidence you provided, even though not previously considered by the Board, was insufficient to establish the existence of probable material error or injustice warranting an upgrade in the characterization of your service.  

Regarding your contention that you are seeking care at a VA hospital, whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you may contact the nearest office of the VA concerning your right to apply for benefits.  If you have been denied benefits, you may appeal that denial under procedures established by the VA. 

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, 


8/19/2020