Docket No. 9066-19 
Ref: Signature Date 
 
Dear Mr. : 
 
This letter is in reference to your reconsideration request dated 5 September 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. 
     
In your reconsideration request, you note your disagreement with the Board’s decision.  The Board carefully considered your entire request, including its attachments.  In your request, you also contend that your chain of command failed to provide you the proper help and the company commander probably felt it was best to have you removed from the Marine Corps instead of sending you for treatment.  The Board noted that your record reflects that you were provided and attended, Level I substance abuse counseling.  You were then offered Level II substance abuse treatment, but you declined that treatment.  Accordingly, the Board did not find a basis to support your request for reconsideration. 
 
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,