Docket No: 2475-20 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 5 May 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 17 March 2021, which was previously provided to you. You entered a period of active duty in the Marine Corps in April 1988. On 12 January 1990 you were convicted at a Summary Court-Martial (SCM) for Article 86, unauthorized absence (UA) for a 36 days which ended with your surrender. On 30 June 1991 you were convicted at a second SCM for a 13-day period of UA. You then received nonjudicial punishment (NJP) on 13 December 1991 for a one day period of UA. On 7 January 1992 your Commanding Officer initiated administrative discharge processing by reason of misconduct due to minor disciplinary infractions. On 21 January 1992 your administrative discharge processing was found sufficient in law and fact by the Staff Judge Advocate (SJA). 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 the SJA’s review, the Board presumed you consulted with counsel and were afforded your procedural rights. You contend you have PTSD and mental health issues due to your service in the Gulf War and you served on the forward command for Headquarters You state your unit was involved in a lot of action and violence and that dead bodies around you was normal. You further contend you “just couldn’t do right at all” when you came back to the normal world. Additionally, you state you had two traumatic experiences prior to deployment and went on emergency leave to attend two funerals of family members. Finally, you note PTSD at this time was not heard of and you were not examined, counseled, or asked about 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 contentions noted above, and desire to upgrade your discharge. The Board also relied on the AO in making its determination. The AO noted that although you contend you suffer from PTSD, you did not provide any details of symptoms, traumatic events, or clinical manifestations of PTSD, making it difficult to devise a timeline of onset and development of mental health symptoms or to identify a nexus with your in-service misconduct. 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 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 two SCMs and NJP, 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, 5/18/2021 Executive Director