Docket No.7718-19 Ref: Signature Date Dear : This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. A three-member panel of the Board, sitting in executive session, considered your application on 4 January 2021. The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 12 November 2020, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 15 April 1991. On 25 April 1991, you tested positive for marijuana use. You were interviewed by a medical officer and found not to be dependent on THC. On 13 May 1991, you were counseled concerning illegal drug use and warned that failure to take corrective action could result in administrative discharge action. During the period from 20 December 1992 to 20 January 1993, you participated in . On 16 November 1993, you received nonjudicial punishment (NJP) for unauthorized absence (UA). On 22 November 1993, you were issued a Letter of Reprimand for attempting to avoid an arduous training hike and subsequent UA from the hike. On 19 December 1994, you received NJP for wrongful use of marijuana. On 11 August 1995, you were, convicted by special court-martial (SPCM) of UA, escaping from custody, and two specifications of obstructing justice. You were, sentenced to confinement, a forfeiture of pay, a reduction in paygrade and a bad conduct discharge (BCD). You received your BCD on 13 November 1996. Your request was fully and carefully considered by the Board in light of 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 professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you was suffering from a Post-Traumatic Stress Disorder (PTSD) during your service. The AO noted, that all of your misconduct cannot be attributed to your PTSD and drug misuse. You tested positive for marijuana in April of 1991, prior to your deployment to Somalia, which is your reported traumatic event. You also admitted in your personal statement that your UA in 1995 was the result of a “rash decision to flee” circumstances you found yourself in, not as a way to avoid symptoms of PTSD. Based on the preponderance of the evidence, there is evidence that you have a diagnosis of PTSD, which may be related to your military service and some of your conduct can be attributed to your PTSD. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to your statement that both the battalion commander and SPCM authority did not consider the possibility of your PTSD stemming from combat action as mitigating evidence for your misconduct. Additionally, there was unlawful command influence exerted throughout the administrative process leading up to your court-martial, and that your return from Somalia in 1993 happened very suddenly, and Marines were transferred overnight from urban warfare back to civilization with a “business as usual” sort of casualness. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your repeated misconduct, as evidenced by your illegal drug use prior to, and after your deployment to Somalia, and the fact that you were counseled and warned of the consequences of further drug use, outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. With regard to your request for the Combat Action Ribbon (CAR), please be advised that, on 7 July 2016, Headquarters Marine Corps issued a Correction to your DD Form 214, Certificate of Release of Discharge from Active Duty (DD Form 215) authorizing your entitlement of the CAR (Somalia), Joint Meritorious Unit Award, National Defense Service Medal, Armed Forces Expeditionary Medal (Somalia), Sea Service Deployment Ribbon, Riffle Expert Badge, and Certificate of Commendation. A copy of which is enclosed. You are entitled to have the Board reconsider its decision upon 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 at 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, Enclosure