DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8600-19 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 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 12 December 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its 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. You enlisted in the Marine Corps and began a period of active duty in July 2011. From 31 December 2013 to 16 July 2014, you were deployed to in in support of Operation . After you returned from deployment, many of your friends and family noticed a stark change in your demeanor and disposition. On 15 October 2014, you were evaluated at Naval Hospital, for suicidal thoughts. You reported increased marital and occupational stressors; you denied persistent deployment stressors. You attended multiple follow up mental health appointments and at least one marriage counseling appointment. A 6 January 2015 post-deployment mental health assessment indicated that you were receiving care for depression over the past year; you did not, however, complete all of the questions pertaining to Post Traumatic Stress Disorder (PTSD) and depression. On 2 September 2015, you received nonjudicial punishment (NJP) for adultery. On 6 April 2016, you were involved in a serious single-motorcycle accident that resulted in a Traumatic Brain Injury. Your command opened a Line of Duty (LOD) investigation into the accident. On 13 May 2016, the Investigating Officer completed the investigation and concluded that your injuries were not in the LOD because they were the result of your own misconduct. The Staff Judge Advocate (SJA) forwarded the adverse LOD misconduct determination. On 8 July 2016, you received a second NJP for failure to obey a lawful order or regulation. On 15 July 2016, you were discharged from the Marine Corps due to Completion of Required Active Service, and received a general characterization of service. On 21 July 2016, the Commanding General issued a final decision on the LOD determination and found that your injuries were not incurred in the line of duty and were due to your own misconduct. You seek a change to your LOD determination on the basis of injustice so that you can access medical care for your disabilities. You state that you suffer from long-term injuries as a result of your motorcycle accident, and you are not able to received medical care from Veterans Affairs (VA). You state that evidence that you were suffering from Post Traumatic Stress Disorder (PTSD) at the accident was not available at the time of the LOD determination. You contend that the PTSD likely affected your decision-making and that your efforts to conceal your PTSD symptoms are consistent with the well-known problem among service members. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you suffered from PTSD and therefore did not commit willful misconduct that led to your motorcycle accident and injuries. The Board noted however, that the circumstances surrounding your motorcycle accident were not reflective of symptoms typically associated with PTSD. The Board noted that information in your record indicated you passed an officer at a high rate of speed and then accelerated to 143 miles per hour, disappearing from view. The Board noted that even in consideration of your assertion that you suffered from PTSD, the nature of your conduct on 6 April 2016, is not clearly connected to the symptomology of the disorder. The Board reviewed your command’s actions and the subsequent recommendations and finding on the LOD determination and determined that the adverse LOD was neither erroneous nor unjust. Accordingly, the Board concluded that 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 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. Sincerely, 1/27/2020