Docket No: 5374-19 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 the entire record, 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 30 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. You enlisted in the Marine Corps and began a period of active duty on 11 July 1979. In your application for correction, you state that you excelled at basic training, had high performance marks, and graduated as the honorman of your company. You also state that at the start of your active duty service, you fell 50 feet during a night training incident and were subsequently diagnosed with hypothermia. You assert that as a result of the injury, you suffered and continue to suffer from memory problems that have gone undiagnosed. After basic training, you reported to your first duty station but contend that the camaraderie of the military was no longer there. You stated that you went on leave to to visit family and decided not to return. You were found by the Marines and put in the brig. You then served overseas in . When you returned to , you went to visit family and again decided not to return. You were returned by apprehension for a second time. Your available service record indicates that you were absent without authorization (UA) from 1 March 1982 to 24 January 1983. On 8 February 1983, you were discharged from the Marine Corps with an other than honorable characterization of service. In your application for correction, you ask for an upgrade to your discharge characterization from other than honorable to honorable, and a change to your narrative reason for separation to reflect “Secretarial Authority.” You state that since your discharge, you have experienced chronic homelessness and mental instability that have prevented you from getting access to supporting services and to effectively petition for an upgrade. You provide information about your service, including a statement about the injury you suffered when you fell 50 feet. You also state that you were sexually assaulted as a child, did not have a father figure, and your mother passed when you were 16 years old. You assert that you suffered from anxiety and depression that went undiagnosed during your time in the Marine Corps. Since your separation from active duty, you have learned to manage your pain by attending church, helping others, and taking anti-depressant medication. 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.” The Board, in its review of your entire record and application, carefully considered your request and took into account your claims of suffering from mental health conditions while you were in the Marine Corps. The Board also weighed your statements about falling 50 feet during night training and struggling with ongoing memory problems since the accident. The Board noted that you did not provide medical information pertaining to a mental health or traumatic brain injury (TBI) diagnosis either while you were in the Marines or following your discharge. Absent information or evidence establishing a mental health condition that existed at the time of your misconduct and which may have mitigated your behavior, the Board found that liberal consideration as envisioned by the applicable guidance was not appropriate. The Board considered your challenges prior to your enlistment as well as your contention that you struggled to regain the camaraderie you experienced in basic training. The Board determined that your assertions in your petition do not overcome the misconduct evidenced in your record, culminating in the period of UA from 1 March 1982 to 24 January 1983. The Board found that your other than honorable discharge was supported by the more than 10 month period of UA prior to your discharge. The Board concluded that your discharge does not reflect an error or injustice, and corrective action is not warranted. 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.