DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1171-19 Ref: Signature Date 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 for Correction of Naval Records (Board) found that 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 2 June 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion (AO) furnished by a mental health professional dated 25 November 2019, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 19 June 1973. During the period from 20 March 1974 to 10 June 1974, you received four non-judicial punishments (NJPs) for two periods of unauthorized absence (UA) totaling 10 days, two instances of being absent from your appointed place of duty, disrespect, and disobeying a lawful order. On 10 December 1974, you were convicted by special court-martial (SPCM) of two specifications of UA totaling 26 days. On 6 February 1975, you received NJP for a brief period of UA. On 6 February 1975, you were notified of an administrative discharge action due to frequent involvement of a discreditable nature with military authorities. After being afforded your procedural rights, you waived your right to request to have your case heard by an administrative discharge board. On 10 February 1975, your case was forwarded to the separation authority with the recommendation that you receive an undesirable discharge due to frequent involvement with military authorities. On 7 March 1975, the separation authority directed that you receive an other than honorable (OTH) characterization of service for unfitness. On 20 March 1975, you were discharged from the Marine Corps with an OTH characterization of service. You request an upgrade of your characterization of service on the basis that you suffered from a mental health condition during your military service. Your request was fully and carefully considered by the Board in light of the Secretary of Defense's 3 September 2014 memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder,” the 25 August 2017 memorandum, “Clarifying Guidance to Military Discharge Review Boards 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,” and the 25 July 2018 memorandum, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” A mental health professional further reviewed your request for correction of your record and provided the Board with an AO regarding your assertion you were suffering from a mental health condition. The AO noted that you stated “I suffered a lot of mental issues while in service that were never treated properly.” The AO noted that there were no in-service medical records that indicated you were diagnosed with a mental health condition or traumatic brain injury. The AO also noted that your record contained a lawsuit filed in 1980, in which you were suing for damages from a motor vehicle accident in 1977. The lawsuit record includes an incomplete narrative summary of an inpatient psychiatric hospitalization from 13-18 January 1978, in which you reported having had a concussion from an automobile accident in 1973. An examination by a civilian neurologist dated 29 August 1977, stated you were complaining of violent behavioral changes since an automobile accident on 10 June 1977. In this evaluation, you did not report any history of psychiatric disorders, concussions or head trauma during your military service. Additionally, the AO noted that you did not indicate you were experiencing any mental health symptoms or conditions on your separation physical or during your disciplinary procedures and administrative separation processing. The AO noted that there is no evidence to attribute your misconduct to any major mental health condition. There is no information in your military service record to indicate any additional mental health disorder or condition. The AO also noted that your post-service medical records listing your mental health conditions and treatment indicated your mental health symptoms presented in 1977, two years after your discharge from service and following an automobile accident on 10 June 1977. The AO concluded that there was no evidence linking post-service mental health conditions and your military misconduct. The AO opined that there is insufficient evidence of a mental health condition during your military service to attribute your misconduct to a mental health condition. The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to upgrade your discharge. The Board also considered your assertions that you suffered many mental issues while in service that were never treated properly. You contend that you suffered physical issues from assault, severe head injury and that you almost died a car wreck, and suffered a broken back and a broken foot. These injuries caused you to decline physically and mentally. Additionally, you contend that when the war ended many Marines were asked to depart the service, you took an early out, and were given an other than honorable discharge. You also contend that one month before your discharge, you received a good conduct medal. The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your misconduct, which resulted in four NJPs, and conviction by SPCM. Further, theBoard concurred with the AO’s statement that that there is insufficient evidence of a mental health condition during your military service to attribute your misconduct to a mental health condition. Regarding your statement, that you received a Good Conduct Medal a month before your discharge, please be advised that the notation on your Certificate of Release or Discharge from Active Duty (DD Form 214), does not show that you received a Good Conduct Medal, but only sets forth the starting date for the next period of the award, which is the date of your last NJP. 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 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 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.