Docket No:  3633-20 
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.     
  
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 22 March 2021, which was previously provided to you. 
   
You enlisted in the Marine Corps and began a period of active duty on 5 September 1984.  On 18 September 1984 and 9 May 1985, you received nonjudicial punishment (NJP).  On 4 April 1985 you were counseled regarding you properly safeguarding your military identification and meal cards.  On 30 September 1985 you were counseled concerning unauthorized absence (UA) and warned that failure to correct your deficiencies could result in administrative discharge action.  On 13 December 1985, you received NJP for being UA from your appointed place of duty, disrespect, and disobedience.  On 3 January 1986, you were counseled concerning your frequent involvement with military authorities and warned that failure to correct your deficiencies could result in administrative discharge action.  On 17 January 1986, you received NJP for disrespect, disobedience and assault.  On 24 January 1986 you were counseled again concerning your frequent involvement with military authorities and warned that failure to correct your deficiencies could result in administrative discharge action.  On 30 January 1986, you submitted a statement concerning an Administrative Remarks (Page 11) entry.  You stated that the NJP you received was unjust, and though you had two witnesses, they were overlooked.  On 11 March 1986, you received your fifth NJP.  On 25 March 1986, you were notified of administrative discharge action for misconduct due to minor disciplinary infractions.  Your case was forwarded to the separation authority recommending discharge due to misconduct with an other than honorable (OTH) discharge.  On 4 April 1986, the separation authority directed that you be separation by reason of misconduct due to minor disciplinary infractions with an OTH discharge.  On 18 April 1986, 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 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 were, diagnosed with a mental health condition, suffered from a mental health condition at the time of your military service, or your in-service misconduct could be mitigated by a mental health condition. 
  
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 that: (a) your discharge was inequitable due to one or two isolated incidents, which were documented as minor; (b) your commanding officer gave you the option to be discharged with an OTH characterization (you were advised that it would not have any negative impact on your future) or take the decision to remain on active duty; (c) you experienced and witnessed the actions of inequality amongst the Marines of color and other Marines in your unit, your command did not consider your previous good record, awards and decorations; and (d) you are experiencing health issues both physically and mentally associated with your stay at Camp Lejeune, and believe you deserve the benefits available as a veteran.  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 numerous counselings, and five NJPs, outweighed these mitigating factors.  Additionally, the Board concurred with the AO that, based on the available evidence, the preponderance of available objective evidence failed to establish you were, diagnosed with a mental health condition, suffered from a mental health condition at the time of your military service, or your in-service misconduct could be mitigated by a mental health condition. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.  
 
In regard to your contention that you are experiencing health issues both physically and mentally associated with your stay at .  The Board noted that Public Law 112-154, Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012, requires the Department Veterans Administration (DVA) to provide health care to Veterans with one or more of 15 specified illnesses or conditions.  You are encouraged to contact the nearest office of the DVA concerning your right to apply for benefits or appeal an earlier unfavorable determination. 
 
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