DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 5700-20 
Ref: Signature Date 

Dear 

This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 15 June 2021. 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. 

The Board carefully considered your request to change your retirement grade to Lieutenant Colonel (LtCol/O-5). The Board considered your contention that the previous board’s decision was based on factually incorrect information, specifically, your Post Traumatic Stress Disorder (PTSD) was not service connected nor could your PTSD account for your atypical actions.  You claim that a determination by the Veterans Affairs (VA) unequivocally proves otherwise, the VA made a determination that you have PTSD (catalyst of severe domestic abuse during Jul 97) and it is service connected. You also claim that three retired Lieutenant Generals (LtGen) have fully supported you.  As evidence you furnished correspondence from a retired LtGen and articles regarding PTSD. 

The Board, however, substantially concurred with the previous Board’s determinations and advisory opinions that the mitigating factors of your PTSD does not outweigh the severity of your misconduct and an increase in retirement grade is not warranted.  In this regard, the Board noted your previous applications, the previous advisory opinions, your VA determination and your previously submitted evidence.  The Board determined that you have failed to provide new evidence that is sufficiently material to change the outcome of the Board’s previous decisions. The Board also noted that the Board for Correction of Naval Records Instruction provides that after final adjudication, further consideration will be granted only upon presentation by the applicant of new material evidence or other matter not previously considered by the Board, and new evidence is material that it is likely to have a substantial effect on the outcome.  The Board also determined that your new evidence was not sufficiently substantial to conclude that your substantiated misconduct resulted from your diagnosis.  The Board also determined that all other matters pertaining to your case have been properly adjudicated by previous Boards.  Moreover, you accepted non-judicial punishment (NJP), you pled guilty, you were found guilty at NJP, you were required to show cause, but elected to request retirement, and your misconduct was substantiated.  Based upon your substantiated misconduct, the Commandant of the Marine Corps acted within his discretionary authority according to Title 10 U.S.C. § 1370 when determining that you failed to serve satisfactorily in the grade of lieutenant colonel and in his decision to retire you in the lower grade of major.  Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action.  

You are entitled to have the Board reconsider its decision upon 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 this regard, 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, 

6/25/2021 
Executive Director