DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 4830-20 
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. 

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 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 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, 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 10 March 2021, which was previously provided to you. 

You enlisted in the Marine Corps and began a period of active duty on 12 January 1989. On 6 January 1992, you received nonjudicial punishment (NJP) for two periods of unauthorized absence (UA) totaling four days. On 17 September 1991, you received NJP for wrongful possession and use of methamphetamines, possession of an armed forces identification card with your picture falsely identifying you as another Marine, disobeying an order or regulation, and disobeyed a verbal order to report for urinalysis testing. On 16 December 1991, you participated in a psychological interview, and it was determined that you had in-service drug abuse and Borderline Personality Disorder traits. At that time, you were found fit for duty and responsible for your actions. On 8 January 1992, you were counseled regarding your possession and use of a controlled substance, your failure to complete a drug rehabilitation program, and two specifications of UA. You were warned that further deficiencies in your performance or conduct could result in administrative discharge action. On 10 January 1992, you were notified of administrative discharge action for misconduct due to drug abuse. After being afforded your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board. Your case was then forwarded to the separation authority with a recommendation that you be separated from the Marine Corps for misconduct due to drug abuse with at other than honorable characterization of service (OTH). On 29 January 1992, you were briefed on the Department of Veterans Affairs (DVA) benefits, as they pertained to drug treatment. You requested DVA treatment in conjunction with your discharge. On 4 February 1992, a staff judge advocate reviewed your case, finding it to be sufficient in law and fact. Subsequently, the separation authority directed that you receive an OTH characterization of service due to drug abuse. On 26 February 1992, you were discharged from the Marine Corps with an OTH characterization of service. 

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 a mental health condition during your service. The AO noted that 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 that 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 statement that you did not feel safe in the Marine Corps, and you “didn’t want to be responsible for any more deaths or harm of others.” You further indicated your drug use was an effort to be discharged from the Marine Corps and you were disappointed when you were placed into treatment, so you began a period of UA to initiate your discharge. 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 two NJPs, one of which was for wrongful drug use, outweighed these mitigating factors. Additionally, the Board concurred with AO in that 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 that 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. 

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, 
5/27/2021 

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