Docket No. 6514-20 
Ref: SIgnature Date

Dear   
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  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 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 22 October 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.   
 
A review of your record shows that you entered active duty with the Marine Corps in May 2017.  Non-judicial punishment was imposed on you for dereliction of duty, destruction of government property, and an orders violation on 11 May 2018 and 6 June 2018.  You were subsequently discharged for misconduct on 28 December 2018 with an Other than Honorable characterization of service.   
 
The Board carefully considered your arguments that you deserve a disability discharge since were diagnosed with an adjustment disorder at the time of your civilian arrest and conviction for assault.  You also assert post-discharge good conduct including college attendance.  Unfortunately, the Board disagreed with your rationale for relief.  A review of your record does not support your assertion of an adjustment disorder diagnosis, however, the Board concluded that an adjustment disorder is not a compensable disability condition under the military disability system.  Further, the Board concluded you were ineligible for disability processing based on your administrative separation for misconduct that resulted in an Other than Honorable characterization of service.  Finally, the Board noted you earned a 3.6 proficiency mark for your enlistment that indicated to the Board that you were able to perform the duties of your office, grade, rank or rating.  So despite considering your mitigation evidence, the Board determined it would not be appropriate to change your narrative reason to disability.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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,