Docket No: 1110-20            
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. 
 
Although you did not file your application in a timely manner, the statute of limitation was waived in accordance with the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo).  A three-member panel of the Board, sitting in executive session, considered your application on 22 March 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 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, including the Kurta Memo, the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo).  The Board also requested and reviewed a 16 February 2021 Advisory Opinion (AO) from a mental health professional. 
 
You enlisted in the in the Marine Corps on 2 April 1981.  On 5 March 1984, you received nonjudicial punishment (NJP) for a period of unauthorized absence (UA).  On 6 June 1984, you received NJP for resisting apprehension and possession of marijuana.  On 21 March 1985, you were convicted by a special court-martial for UAs totaling approximately 60 days and for using provoking words and provoking gestures.  As a result of your special court-martial, you were awarded a bad conduct discharge, which was executed on 16 January 1986.   
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case including in accordance with the Hagel and Wilkie Memos.  These included, but were not limited to, your contention that when you were in the Marine Corps, the stress was building up inside of you.  You also contend that you were diagnosed with post-traumatic stress disorder (PTSD) in 2019, and you believe that should mitigate your misconduct that resulted in your negative characterization of service.  In connection with your contentions, the Board sought, and reviewed, the 16 February 2021 AO, who found as follows: 
 
Petitioner’s in-service records do not contain evidence of a diagnosis of a mental health condition or psychological/behavioral changes, which may have indicated a mental health condition. Throughout his disciplinary actions, counselings, and administrative processing, there were no concerns noted which would have warranted referral to mental health resources.  Although Petitioner contends he suffers from PTSD, he does not provide any details of symptoms, traumatic event, or clinical diagnosis. No evidence to support the claim of a PTSD diagnosis has been presented, nor is there any evidence linking his purported PTSD diagnosis to his military service or to his misconduct. 
 
The AO concluded, “it is my considered medical opinion the preponderance of available objective evidence fails to establish Petitioner was diagnosed with PTSD, suffered from PTSD at the time of his military service, or his in-service misconduct could be attributed to PTSD or mental health condition.” 
 
Based upon its review, the Board concluded the potentially mitigating factors you raised were insufficient to warrant relief.  The Board found the AO to be persuasive.  Accordingly, based on all of the facts and circumstances, the Board determined that your request does not merit relief.   
 
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. 
 
Sincerely,