Docket No: 1220-20 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. A three-member panel of the Board, sitting in executive session, considered your application on 12 April 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 March 2021, which was previously provided to you. On 3 August 1984, you reenlisted in the Marine Corps after serving over two years of honorable service. On 4 June 1986, you began a period of unauthorized absence (UA) that lasted 80 days, ending on 23 September 1986. On 20 October 1986, you submitted a written request for an other than honorable (OTH) discharge for the good of the service in order to avoid trial by court-martial for 131 days of unauthorized absence. Prior to submitting this request for discharge, you conferred with a qualified military lawyer, were advised of your rights, and warned of the probable adverse consequences of accepting such a discharge. Subsequently, your request for discharge was granted, and on 6 November 1986, you received an OTH discharge in lieu of trial by court-martial. As a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of a punitive discharge and confinement at hard labor. 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 Post-Traumatic Stress Disorder (PTSD) during your service. The AO noted that based on the available evidence, the preponderance of available objective evidence failed to establish you were, diagnosed with PTSD or other major mental health condition, suffered from PTSD or other major mental health condition at the time of your military service, or your in-service misconduct could be, attributed to PTSD or other major mental health conditions. 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 assertions that: (a) you experienced emotional trauma and duress created by your then wife and newborn child while you were stationed in , and you were forced to take emergency leave to care for them; (b) prior to the incident, you had consistent proficiency and conduct marks of 4.6 and 4.7, meritorious promotions, first class PFT’s, a Good Conduct Medal, as well as a reenlistment; (c) you understand that you can access your Department of Veterans Affairs benefits based on your prior honorable service; and (d) you are proud of your time spent in the Marine Corps, regret your choice to accept your discharge, and you are requesting an upgrade as a matter of pride and peace of mind. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct, as evidenced by your lengthy period of UA, the referral of charges to a court-martial and your request for discharge outweighed these mitigating factors. The Board believed that considerable clemency was extended to you when your request for discharge was approved, and given the totality of the circumstances, the Board determined that your request does not merit relief. 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,