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 12 November 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 opinion contained in BUMED letter 5740 Ser M34/18UM34116 of 19 January 2018; an advisory opinion from your previous application to this Board.   
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability and a restoration of rank to E-4.  You assert that you were insane at the time of your misconduct and discharge based on your proficiency and conduct mark.  Unfortunately, the Board disagreed with your rationale for relief. 
 
A review of your record shows that you were previously granted an upgrade to your characterization of service to Honorable by this Board on 12 September 2018.  The grant of relief was based primarily on the advisory opinion issued in your case that stated your judgement was likely impaired by your mental health condition at the time and contributed to your misconduct.  Your record documents that you committed a series of unauthorized absences that resulted in one special court-martial conviction and another referral to trial by court-martial before the Marine Corps accepted your good of the service request to be discharged.  The previous Board decision concluded your misconduct was not excused by chose to grant you an upgrade to your characterization of service based on liberal consideration of your mental health condition and the mitigation it offered.  This Board concluded the preponderance of the evidence does not support a disability discharge in your case or reinstatement to paygrade E-4. 
 
While your mental health condition may have mitigated your misconduct to allow for an upgrade to your characterization of service, the Board concluded there was insufficient evidence to support a finding that you were not mentally competent when you committed your misconduct.  The Board relied on the fact you were previously convicted by a special court-martial during which your mental competency would have been considered.  Additionally, the fact you had the mental faculties to request a good of the service request to be discharge in lieu of court-martial was further evidence that you were not insane as you claim.  Further, the Board found no evidence in your record or in your application that supports your claim of insanity.  The Board noted that the advisory opinion in your case states that there are no documented symptoms of mental health in your military record.  Based on these factors, the Board concluded you were mentally responsible for your misconduct.  Based on their finding that you were mentally responsible for your misconduct, the Board also concluded you were not eligible for disability processing since you were appropriately processed for your misconduct.  Further, the Board also concluded you were properly convicted and punished by the special court-martial with a reduction in paygrade to E-1 for your extended period of unauthorized absence.  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 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,