Docket No: 4392-20 
           8558-17 
           7630-15 
Ref: Signature Date 
 

Dear  
 
This letter is in reference to your reconsideration request.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been denied.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although your application for reconsideration was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 30 June 2020.  The names and votes of the members of the panel 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 8 February 1972.  In May 1973, you received nonjudicial punishment (NJP) for being absent from your appointed place of duty for approximately 45 minutes and being drunk on duty.  On 5 July 1973, you received a second NJP for absence from your appointed place of duty for one hour.  Your clinical record reflects a 9 August 1973 entry pertaining to a positive urinalysis for amphetamines.  The clinical record notes some anxiety and tremulousness.  A November 1973 clinical record notes that you had a psychological dependence on alcohol, not in remission, and recommended that you be transferred to the Alcohol Rehabilitation Center, .  A clinical record entry for 10 January 1974, states return to full duty and continue supervised Antabuse therapy for six months.  You were promoted to corporal on 1 May 1974.  On 18 October 1974, you received NJP for absence from your appointed place of duty for approximately 5 hours.  On 15 May 1975, you receive NJP for disrespectful language to a superior NCO.  A 3 November 1975 medical record entry documents nervousness.  On 21 November 1975, you were convicted by General Court Martial of two specifications of violating Article 134 (possession and introduction of heroin on a military ship).  You were sentenced to a bad conduct discharge, forfeiture of $140 pay per month for a period of six months, and reduction in rank to E-1.  You were discharged from the Marine Corps on 12 April 1977, with a reentry (RE) code of RE-4. 
 
In your application for reconsideration, you ask for an upgrade to your bad conduct discharge, a change of your RE-4 to RE-1, a change to your narrative reason for separation to “Convenience of the Government,” a new Certificate of Release or Discharge from Active Duty (DD Form 214), and medical retirement with back pay.  You assert that your discharge was unfair at the -time and is unfair now, and that it was procedurally defective.  Furthermore, you contend that you suffered from behavioral health issues that are service connected.  You state that you received no rehabilitation for your alcohol issues while you were in the Marine Corps.  Additionally, you provide information about your post-discharge achievements to include character letters, documents establishing your volunteer work and community service, and professional development information. 
 
In your previous petition to the Board, NR20170008558, you raised a contention of suffering from Post-Traumatic Stress Disorder (PTSD) for which an Advisory Opinion, dated 5 December 2017, was obtained.  The Advisory Opinion concluded that there was no in-service medical documentation that supports a PTSD diagnosis, and found that there was insufficient evidence to support your contention that you suffered from PTSD.  The previous Board denied your request for correction to your record. 
 
In your current request, the Board carefully weighed all potentially mitigating factors, including your contention that you were suffering from behavioral health issues during your time in the Marine Corps and that you did not receive sufficient rehabilitation support.  The Board considered the information reflected in your in-service medical record as well as the significant misconduct documented by your four NJPs and your General Court Martial conviction for possession and introduction of heroin on a military ship.  The Board concluded that even taking into account your struggles with alcohol and your documented in-service medical issues to include anxiety, the frequency and seriousness of your misconduct could not be overcome by the information you provided in your application.  The Board found that your General Court Martial conviction supported your bad conduct discharge, RE-4, and narrative reason for separation.  The Board considered your request for a medical retirement with back pay but found that the information in your record and the evidence you submitted in your application for correction does not established that you were suffering from a qualifying condition or a disability that rendered you unfit for continued service.  Furthermore, the Board noted that processing for discharge on the basis of misconduct takes precedence over processing for a qualifying disability or condition.  The Board again concluded that you are not entitled to a change to your service record and found that the issuance of a new DD Form 214 with the requested changes and a medical retirement with back pay are not warranted. 
 
It is regretted that the circumstances of your reconsideration petition are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction.  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,