Docket No:  37-20 
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 
22 March 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 5 February 2021, which was previously provided to you. 
   
You enlisted in the Marine Corps and began a period of active duty on 7 September 1999.  On 10 January 2001, you were counseled concerning underage drinking in the barracks and warned that failure to take corrective action could result in administrative discharge action.  On 29 May 2001, you were counseled concerning your illegal drug involvement and identified through urinalysis for marijuana use.  On 30 May 2001, you received nonjudicial punishment (NJP) for wrongful use of marijuana.  On 31 May 2001, you were notified of administrative discharge action for misconduct due to drug abuse.  After being notified of your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board.  On 7 June 2001, your case was forwarded to the separation authority recommending that you be separated from the Marine Corps with an other than honorable (OTH) discharge due to drug abuse.  On 13 June 2001, a counselor evaluation found that you did not meet the criteria for drug abuse or dependence.  On 14 June 2001, a Staff Judge Advocate reviewed your case and found that it was sufficient in law and fact, and on 18 June 2001, the separation authority directed that you receive an OTH discharge due to abuse.  On 22 June 2001, 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 were suffering from Post-Traumatic Stress Disorder (PTSD) during your service.  The AO noted, based on the available evidence, that although you contend you suffered from undiagnosed PTSD, the preponderance of available evidence failed to establish you were diagnosed with PTSD, suffered from PTSD during your military service, or that your misconduct could be attributed to PTSD or other 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 statement that the Marine Corps had knowledge of your prior drug use before coming in with a drug waiver, and you were suffering from PTSD due to physical and sexual abuse during childhood.  Further, you state that you joined the military to get away from your abusers; it was the first disorderly event that occurred during your enlistment, and you were not offered the opportunity to attend any rehabilitation or substance abuse classes.  Additionally, you state that you were never re-tested, and your discharge was expedited with you never having the chance to attend counseling or to be provided an explanation or insight into why the event took place.  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 the fact that you were warned of the consequences of further misconduct and NJP for wrongful drug use outweighed these mitigating factors.  Additionally, the Board concurred with the AO that based on the available evidence, the preponderance of available evidence failed to establish you were, diagnosed with PTSD, suffered from PTSD during your military service, or your misconduct could be attributed to PTSD or other mental health condition.  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,