DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1026-18 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 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. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 March 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 and personal statement, together with all material submitted in support thereof, relevant portions of your service records, an 18 May 2018 Advisory Opinion (AO) from a qualified mental health provider, as well as applicable statutes, regulations, and policies. You enlisted in the Marine Corps on 16 July 2001. Your enlistment documents note that you and your sister were once placed in the guardianship of a orphanage in November 1997. On 21 November 2001 you received non-judicial punishment (NJP) for a period of unauthorized absence (UA) lasting 26 days. On 5 December 2001, you received a second NJP for UA, and for disobeying a lawful order or regulation for refusing to train. On 21 February 2002, you went to a Special Court-Martial (SPCM) for UA lasting 38 days. You pleaded guilty and received confinement, forfeitures of pay, and a bad conduct discharge (BCD) from the Marine Corps. On 16 June 2004, the Navy-Marine Corps Court of Criminal Appeals affirmed your SPCM sentence, and on 17 June 2004, you were discharged from the Marine Corps with a BCD. Your contention that you suffered from severe anxiety about service while on active duty was fully and carefully considered by the Board in light of the guidance provided the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014, and the “Clarifying Guidance to Military Discharge Review Board and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment” memorandum of 25 August 2017. A qualified mental health provider also reviewed your request for correction and provided the Board an AO dated 18 May 2018. The AO noted that no depression, anxiety, nervous trouble, or psychiatric abnormalities were reported prior to you entering the Marines, and that no post-service treatment records were available for review. The AO concluded that your record does not indicate that your in-service misconduct could be attributed to severe anxiety incurred during military service. The Board carefully weighed all potentially mitigating factors, such your multiple character reference letters, and your contentions that included, but were not limited to: that you were a young man and confused about things when you enlisted in the USMC, that when you went home on leave you spent time with friends and really were not sure that the USMC was what you wanted to do, that you were very close to the people you grew up with and it caused you to have severe anxiety about service primarily due to the fact that you had been in an orphanage prior to enlisting and had issues regarding your mother, that you are not that young man anymore and would like to serve your community as a police officer, that you have come a long way from being that confused young man and have worked very hard to get where you are today, that you have maintained a standard of life that was instilled in you by the USMC, that you work with veterans, that you have not been in any trouble and have lived as good a life as possible with your current discharge, and that you feel you have suffered enough and have paid any outstanding debts for your misconduct. In accordance with the published guidance, the Board gave liberal and special consideration to your record of service, and your contentions about traumatic events you experienced and their adverse impact on your service. However, the Board concurred with the AO and concluded that there was insufficient evidence to support your contentions that you suffered from any mental health conditions or symptoms while on active duty. The Board determined that there was no impropriety or inequity in your discharge. Finally, the Board found that, even under the liberal consideration standard, the seriousness of your misconduct did not merit changing your BCD. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously 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, Executive Director