DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4835-20 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 16 June 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). You enlisted in the Marine Corps on 21 March 1991. On 27 October 1992, a special court-martial (SPCM) convicted you of wrongful use of marijuana. You were sentenced to forfeiture of pay, confinement for 30 days, reduction to E-1 and a bad conduct discharge (BCD). After the BCD was approved at all levels, you were discharged on 17 October 1994. Your contention that you suffered from Post-Traumatic Stress Disorder (PTSD) 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 mental health professional also reviewed your request for correction to your record and provided the Board with an advisory opinion (AO) dated 24 March 2021 regarding your assertion of suffering from PTSD/Mental Health Condition. The AO stated in part that you provided documentation from the Department of Veteran Affairs (DVA), which diagnosed you with PTSD; however, the documentation did not indicate the source or timing of the trauma precipitating the PTSD, nor did it link your PTSD diagnosis to your military misconduct. Your in-service records did not contain evidence of a diagnosis of a mental health condition or psychological/behavioral changes, which may have indicated a mental health condition. Throughout your administrative processing there were no concerns noted which would have warranted referral to mental health resources. Although you were diagnosed with PTSD after your discharge from military service, the lack of information on how you met the criteria for PTSD made it difficult to establish a timeline of onset and development of mental health symptoms or identify a nexus with your in-service misconduct. Based on the available evidence, the preponderance of available objective evidence failed to establish you suffered from a mental health condition at the time of your military service or 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: the AO, diagnosis from the DVA, your desire to upgrade your discharge and contentions of PTSD as a reason for your misconduct, and your contentions that you smoked marijuana in order to self-medicate, you volunteered for the community, church, and veteran organizations, and the Department of the Navy currently employs you as a utility systems repair operator. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board found no nexus between PTSD and your misconduct. The Board also concurred with the AO’s statement that there was insufficient evidence to support your contention that you had service-connected PTSD/Mental Health Condition that contributed to your misconduct. Even under the liberal consideration standard, the Board found that the seriousness of your misconduct, as evidenced by your SPCM conviction and violations of the Navy’s Zero Tolerance drug policy, outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. The Board noted that there is no evidence in your record, and you submitted none, to support your contention that your smoked marijuana to self-medicate. The Board also noted that marijuana use/possession in the military is illegal and the record clearly shows you violated the Navy’s Zero Tolerance drug policy. Regarding your contentions that you volunteered for the community, church, and veteran organizations, and the Department of the Navy currently employs you as a utility systems repair operator, the Board noted that while commendable, your post service conduct does not excuse your conduct while enlisted in the Marine Corps or the basis for your discharge. 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, 6/23/2021 Executive Director