Docket No: 1358-20 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. 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 19 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 1 March 2021, which was previously provided to you, your rebuttal letter received on 23 March 2021, and AO in response to your rebuttal. You enlisted in the Marine Corps and began a period of active duty on 16 July 2002. On 9 January 2004, you were counseled concerning illegal drug related involvement. Additionally, you were, informed of administrative separation. On 13 January 2004, you received nonjudicial punishment (NJP) for two days of unauthorized absence, failure to obey an order, wrongful possession of a controlled substance, two specifications of wrongful use of methamphetamine and amphetamines, and use of cocaine. On 26 January 2004, medical personnel evaluated you and found you met the criteria for Amphetamine and Cocaine Dependence, and recommended you for residential treatment for substance abuse rehabilitation. On 28 January 2004, you were notified of administrative discharge action for misconduct due to drug abuse. After being advised of your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board. Your case was forwarded to the separation authority with the recommendation that you be discharged from the Marine due to drug abuse. On 29 January 2004, you declined the substance abuse treatment offered to you. On 5 February 2004, a judge advocate reviewed your case and found it to be sufficient in law and fact. On 12 February 2004, the separation authority directed that you receive an other than honorable (OTH) discharge due to drug abuse, and on 20 February 2004, you were discharged from the Marine Corps with an OTH characterization of service. 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 were suffering from Post-Traumatic Stress Disorder (PTSD) during your service. The AO noted that based on the available evidence, though you have a post-discharge diagnosis of PTSD, the preponderance of available objective evidence failed to establish that you were diagnosed with PTSD or 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. On 23 March 2021, the Board received your rebuttal letter in response to the AO. A qualified mental health professional provided the Board with an additional AO regarding your assertion that you were suffering from Post-Traumatic Stress Disorder (PTSD) during your service. The AO noted that the additional information submitted does provide new evidence for upgrading your discharge characterization of service. You provided documentation of mental health treatment by Integrated Correctional Health Services (supporting the Correctional Health Services) and consisted of clinical records from July to December 2020. Though clinical records document the diagnosis and treatment of PTSD, as well as Depression and Methamphetamine Use Disorder, there is minimal clinical history provided, which predominantly described current psychological symptoms and treatment. As with the information contained in your original Petition, there is no clinical history describing the traumatic stressors that led to your condition, or psychological symptoms resulting from the traumatic stressors. There was no reference to your military service or linkage to your in-service misconduct. Without a clinical history of the origin and evolution of your contended PTSD condition, it is difficult to devise a timeline of onset and development of mental health symptoms or identify a nexus with your in-service misconduct. Therefore, based on the available evidence, the medical opinion remains that the preponderance of objective evidence failed to establish you were diagnosed with PTSD or 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 statement that you were suffering from PTSD from the war, your use of drugs was a coping mechanism for PTSD caused by the war, and your discharge was inequitable because it was based on an isolated incident in 19 months of service with no other problems. 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 NJP for wrongful drug use, amphetamine and cocaine dependence, and refusal of substance abuse treatment outweighed these mitigating factors. Additionally, the Board concurred with both AO’s that based on the available evidence, the preponderance of objective evidence failed to establish you were diagnosed with PTSD or 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. Accordingly, 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, 4/25/2021 Executive Director