Docket No. 474-20
Ref: Signature Date


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 approved for an upgrade to your characterization of service.  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 
20 August 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.  Additionally, the Board considered the advisory opinions contained in Senior Medical Advisor CORB letter 1910 CORB: 002 of 12 June 2020 and Director CORB letter 1910 CORB: 001 of 23 June 2020 along with your response to the opinions.   
 
The Board carefully considered your arguments that you deserve a disability discharge from the Marine Corps.  You argue that you were mentally deranged and also suffered eye and ear damage from your active duty service.  Unfortunately, the Board disagreed with your rationale for relief.  Despite evidence that you likely suffered from Post-Traumatic Stress Disorder that contributed to your misconduct, the Board concluded you were mentally and criminally responsible for your actions that formed the basis for your discharge from the Marine Corps.  Since you were discharged for misconduct, the Board determined you were not eligible for disability processing or military disability benefits.  Based on this finding, the Board found no error with the Marine Corps decision to discharge you for misconduct vice disability.  The Board also considered whether an injustice exists in your case based on your disability conditions and alleged mistreatment while on active duty.  After weighing the evidence, the Board found no injustice exists based on the Board’s previous action to upgrade your characterization of service to General under Honorable Conditions from a Bad Conduct Discharge.  In the Board’s opinion, this was significant relief based on liberal consideration of your mental health condition at the time.  The Board felt this was sufficient relief to offset any injustice in your case when weighed against your history of serious misconduct and the lack of evidence that you were not criminally responsible for your actions.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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.  
 
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, 
 

8/24/2020