Docket No: 403-20
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 29 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 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).  In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 8 February 2021, which was previously provided to you. 
   
You enlisted in the Marine Corps and began a period of active duty on 2 November 1982.  During the period from 23 November 1983 to 28 December 1984, you received nonjudicial punishments (NJP) on three separate occasions.  The offenses included two periods of unauthorized absence, breaking restriction, and wearing utilities in a liberty area.  On 16 April 1985, you were convicted by a general court-martial (GCM) of making and uttering 35 checks totaling approximately $2600.  You were sentenced to a forfeiture of all pay and allowances, a period of confinement, and a bad conduct discharge (BCD).  You received your BCD in April 1986. 

A 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 PTSD during your service.  The AO noted that the preponderance of available objective evidence fails to establish you were diagnosed with PTSD or other mental health condition, that you suffered from PTSD or other mental health condition at the time of your military service, or that your in-service 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 you have depression, PTSD, problems with your back and hips, and you are trying to get an upgrade so you can get some medical care for your daughter.  You further assert that you are just asking for help, and you just made a mistake with the checks (i.e., the basis for your GCM conviction).  However, 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 three NJPs, and GCM conviction outweighed these mitigating factors.  Additionally, the Board concurred with the AO in that the preponderance of available objective evidence fails to establish you were diagnosed with PTSD or other mental health condition, suffered from PTSD or other mental health condition at the time of your military service, or that your in-service 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,