DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2511-20 1912-13 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 24 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 18 March 2021, which was previously provided to you. You served honorably in the Marine Corps during your initial tour of active duty training from 13 January 1986 to 30 May 1986. You entered an additional period of active duty in the Marine Corps on 25 February 1987. You received nonjudicial punishment (NJP) on 5 August 1988 for an unauthorized absence (UA) from formation in violation of Article 86, Uniform Code of Military Justice (UCMJ). You received a second NJP on 4 January 1989 for disobeying an order to move into Geographic Bachelors Quarters in violation of Article 91, UCMJ. On 8 February 1989 you received a third NJP for failure to go to a formation in violation of Article 86, UCMJ. You were then convicted by special court-martial (SPCM) for two specifications of UA, disrespect in language toward a Sergeant, and wrongful use of a controlled substance, amphetamine/methamphetamine in violation of Articles 86, 91, and 112a, UCMJ, respectively. Appellate review of your proceedings was completed and you were discharged with a Bad Conduct Discharge on 22 July 1990. You contend you had a traumatic divorce that turned into a drinking problem and then drug addiction. You state you received an award for outstanding performance of duty right before your life fell apart. You further contend you battled drug addiction for years and had no way of getting help without admitting guilt and that you were afraid of brig time. You state you joined the Army, received help for PTSD and that you are doing well now. You further state you feel the Marine Corps let you down by not providing assistance to help you recover. 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, the post-service conduct documents you submitted, and desire to upgrade your discharge. The Board also relied on the AO in making its determination. The AO noted that your in-service records did not contain evidence of mental health conditions or psychological/behavioral changes which may have indicated PTSD or other mental health conditions, other than substance abuse. Accordingly, the AO concluded the preponderance of objective evidence failed to establish you were diagnosed with PTSD or suffered from PTSD or other major mental health conditions at the time of your military service (other than substance use disorder), or that your in-service misconduct could be attributed to PTSD or other major mental health conditions. The Board further noted you did not provide any documentation regarding the domestic issues you contend contributed to your misconduct or the treatment you eventually received. 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 NJPs and SPCM, 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, 7/2/2021 2