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 28 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, and applicable statutes, regulations, and policies.   
 
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 enlisted in the Marine Corps on 20 June 1994.  On 20 April 2016 you were found guilty at summary court martial for violations of the Uniform Code of Military Justice (UCMJ) Article 89 (disrespect) and Article 92 (dereliction of duty and orders violation).  You were sentenced to reduction in rank to gunnery sergeant (E-7).  On 31 August 2016, you were transferred to the Fleet Marine Corps Reserve, with 22 years and 2 months of service and you received an honorable characterization of service. 
 
In September 2016, you petitioned the Board for a retirement upgrade to first sergeant and correction to the narrative reason for separation on your DD-214.  On 15 April 2018 the Board corrected the narrative reason for separation from “Unacceptable Conduct” to “Secretarial Authority.”  The Board denied your request to upgrade your retirement grade to E-8.  For this petition, you provided letters from your former therapist, reporting senior, and first sergeant.  The Board reviewed your entire record and carefully considered your request to change your retirement grade from gunnery sergeant to first sergeant.  You contend that your loss of rank was unjust and was based on the command being biased against you for seeking medical treatment for traumatic brain injury/post traumatic stress disorder.  In addition, you argue that the summary court martial was triggered by a conversation you had with a peer (another first sergeant) about command leadership and the loss of rank was an unjust price for a discussion with a peer.  
 
The Board noted that on 15 April 2016 you entered into an agreement to plead guilty to Article 89 and Article 92 in exchange for a disposition of the charges at summary court martial proceedings instead of at a special court martial.  In that agreement you acknowledged that punishment could include reduction in one pay grade, restriction, extra duty, correctional custody and forfeiture of pay.  The Board determined that your loss of rank is a reasonable punishment for the misconduct that you plead guilty.  Consequently, the last grade that you served satisfactorily was in the grade of gunnery sergeant.  Accordingly, your application has been denied. 
 
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,