Docket No: 3405-20 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 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 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 17 March 2021, which was previously provided to you, your rebuttal to the AO, and AO response to your rebuttal dated 23 April 2021, which is enclosed. You enlisted in the Marine Corps and began a period of active duty on 31 January 2000. On 16 April 2002, you received nonjudicial punishment (NJP) for wrongful use of marijuana. On 5 December 2002, you received NJP for driving under the influence of alcohol. Additionally, you were counseled concerning your 16 April 2002 NJP, and warned that further deficiencies in your performance, and or conduct could result in administrative discharge action. On 5 September 2003, you were counseled concerning having an authorized visitor in your barracks room during normal working hours. On 30 January 2004, you were discharged from the Marine Corps at the completion of your obligated service with a general (under honorable conditions) characterization of service. At that time, you were assigned a RE-4B reentry code due to in-service drug use. 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 suffered from PTSD at the time of your military service or your in-service misconduct could be mitigated by PTSD or other mental health condition. On 18 April 2021, you submitted your rebuttal to the advisory opinion providing a timeline of events from boot camp until completion of your required service. You stated that it had been difficult to obtain any healthcare provider willing to write any statements that could be used as a “nexus” letter, and although you did not see active combat, you were placed in a high stress environment for long periods. On 23 April 2021, an AO in response to your rebuttal states, there is no new or material evidence presented that would require a revision of the original AO. Although marital issues and concerns for being on rotation for deployment can be stressful, there was no evidence presented that indicated your experience of life stressors was extraordinary or unique or that you met the diagnostic criteria for a mental health condition during your military service. Stressors in military life are different from those in civilian life and although healthy coping skills are important, the lack thereof does not constitute a mental health condition, and the original AO stands as written. 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 completed your full term of service and your discharge was not due to a court-martial or administrative proceedings. You did not receive mental health treatment when necessary in the military, and the NJPs you received for coping, by the use of alcohol, DUI and marijuana, could have been avoided with further treatment. 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 two NJPs, one of which was for wrongful drug use, outweighed these mitigating factors. Additionally, the Board concurred with AO’s that based on the available evidence, the preponderance of available objective evidence failed to establish you suffered from PTSD at the time of your military service or your in-service misconduct could be mitigated by PTSD or other mental health condition. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. With regard to your request to have your record corrected to reflect that you were awarded the Global War on Terrorism Expeditionary Medal and Operation Enduring Freedom Medal Meritorious Unit Commendation on your Certificate of Release or Discharge from Active Duty (DD Form 214), you should contact Headquarters, United States Marine Corps, Military Awards Branch (MMER), 3280 Russell Road, Quantico, VA 22134-5103. 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, 5/26/2021 Executive Director