DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1890-20 
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. 

Although you did not file your application in a timely manner, the statute of limitations 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 28 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 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, to include 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 considered an advisory opinion (AO) from a qualified mental health professional dated 12 February 2021, which was previously provided to you. 

You entered a period of active duty in the Marine Corps on 12 April 1989. On 4 May 1990 you received Nonjudicial punishment (NJP) for Article 86, a 6-day unauthorized absence (UA). You received a second NJP on 19 June 1990 for a 5-day UA on 19 June 1990. On 9 October 1990 you received a third NJP for 2 specifications of Article 86 for a 22-day UA and failure to sign in while on restriction; Article 117, use of provoking words; and Article 91, disobeying an order not to leave the barracks. On 4 May 1992 you received a fourth NJP for Article 107, providing false information on a housing application. On 12 June 1992 you acknowledged transition training completion. Although your service record is incomplete, the Board relies on a presumption of regularity to support the official actions of public officers, and in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties. 

Based on your narrative reason for separation and transition training, the Board presumed you consulted with counsel and were afforded your procedural rights. You contend you were diagnosed with PTSD from Desert Storm and at the time of your discharge, PTSD was not acknowledged. You state your discharge should be upgraded due to the symptoms you were experiencing at the time and that these symptoms were the reason for your discharge. 

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 contentions noted above, and desire to upgrade your discharge. The Board also relied on the AO in making its determination. The AO noted you were diagnosed with Occupational problem, narcissistic and passive-aggressive personality traits, and Alcohol Dependence that existed prior to enlistment. You were admitted for inpatient alcohol rehabilitation and disenrolled due to oppositional behavior and inability to conform to the requirements and rules of the program. The AO concluded that the preponderance of available objective evidence failed to establish you were diagnosed with PTSD or suffered from PTSD or other major mental health condition other than Alcohol Dependence and Personality Disorder at the time of your military service, or that your in-service misconduct could be attributed to a mental health condition. Based upon this review, the Board concluded that these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct, as evidenced by your multiple NJPs, outweighed these mitigating factors. 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, 
5/16/2021 

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