Docket No:  5336-20 
Ref: Signature Date 
 
Dear Petitioner: 
 
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.   
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.   
 
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).  The Board also considered an advisory opinion (AO) from a qualified mental health professional dated 18 March 2021, which was previously provided to you. 
 
You entered a period of active duty in the Marine Corps on 16 July 2001.  On 29 March 2002 you were reclassified from the Aircraft Firefighting & Rescue Course to the Food Service Specialty Course.  You received a counseling entry that same day for deficiencies from the time you reported to your new command on 21 February 2002 to include several unauthorized absences from morning formations and not having your uniform ready for parade practices.  You entered a period of UA for 48 days from 30 March 2002 to 17 May 2002 at which time you surrendered.  On 6 June 2002 you were notified of administrative separation processing by reason of misconduct due to commission of a serious offense based on your period of UA.  You were subsequently afforded your procedural rights and waived your rights to consult with counsel and for your case be heard before an administrative discharge board.  You were discharged on 26 June 2002 with an other than honorable characterization of service. 
 
You contend that while on Active Duty, much of the turmoil and issues you experienced were due to underlying mental health conditions and PTSD.  You further state you have been receiving treatment for PTSD and depression. 
 
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 contentions noted above and desire to upgrade your discharge.  The Board also relied on the AO in making its determination.  The AO noted that 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.  Furthermore, throughout your counselings, and administrative processing, there were no concerns noted which would have warranted referral to mental health resources.  Accordingly, the AO concluded that the preponderance of available objective evidence failed to establish that you 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.  Based upon this review, the Board concluded that these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your UA and administrative separation processing, outweighed these mitigating factors.  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, 

7/8/2021

Executive Director