DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 3172-19 Ref: Signature Date This letter is in reference to your reconsideration request dated 15 March 2019. You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved. 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 the entire record, 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 for Correction of Naval Records, sitting in executive session, considered your application on 19 September 2019. 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. The Board carefully considered your arguments for an upgrade to your characterization of service and restoration of rank. You assert that you suffered from a mental illness that has since been rated by the Department of Veterans Affairs. You also argue that you were recommended for a disability discharge but assigned a General characterization of service. Unfortunately, the Board disagreed with your rationale for relief. First, the Board found insufficient evidence in your record to show that you were unfit for continued naval service at the time of your discharge from the Marine Corps. As previously explained to you in the Board’s last decision letter to you, the fact you were diagnosed with alcoholism and a personality disorder did not qualify you for military disability benefits since neither are compensable disability conditions under military disability regulations. Absent medical evidence that you were misdiagnosed while on active duty and unfit for continued naval service as a result of a disability condition, the Board determined the preponderance of the evidence does not support a finding of unfitness in your case. Second, the Board concluded that your characterization of service remains appropriate based on the four non-judicial punishments that were imposed on your during your career. The Board found that significant negative aspects of your conduct outweighed positive aspects of your military record due to the documented misconduct in less than three years of active service. Additionally, the Board determined that neither your diagnosed alcoholism or personality disorder created sufficient mitigation to offset the seriousness of your misconduct since you committed further misconduct after receiving treatment. 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, 9/23/2019