Docket No: 4812-20
           4852-18
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.     
  
Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application.  Your current request has been carefully examined by a three-member panel of the Board, sitting in executive session on 21 December 2020.  The names and votes of the members of the panel will be furnished upon request.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, applicable statutes, regulations, and policies to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations. 
  
You presented a medical report, an employer letter, character letters, and a statement in support of your petition.  You contend that: (a) you were subjected to environmental stressors while on active duty that either caused or exacerbated a mental condition that inhibited your performance, including a chain of events beginning with an assault by other Marines, being charged with a perceived unjust nonjudicial punishment, family medical issues and the subsequent loss of a child; (b) due to being absent from duty while caring for your wife following a miscarriage, you were subjected to a special court-martial for unauthorized absence and discharged with an other than honorable discharge; (c) for these reasons, these stressors caused or exacerbated a psychological/psychiatric condition that was not considered when determining your characterization or service; and (e) the Navy recognized your diagnosis as situational adjustment reaction with strong separation anxiety, which you believe seems very similar to Post-Traumatic Stress Disorder, and as your physician noted a possible exacerbation was not considered.  In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018). After careful review, the Board concluded that your other than honorable characterization of service was issued without error or injustice, and that corrective action is not warranted. 
  
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,