Docket No: 6231-20 
          
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 relevant portions of your naval record and your application, 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 9 July 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)..  Additionally, The Board also considered the advisory opinion (AO) furnished by qualified mental health provider, which was previously provided to Petitioner.  Although Petitioner was afforded an opportunity to submit a rebuttal, Petitioner did not do so. 
 
You enlisted in the Marine Corps and began a period of active duty on 16 December 1997.  On 24 August 1999, you were counseled regarding not having a childcare plan in place.  On 13 October 1999, you received nonjudicial punishment (NJP) for switching price tags on merchandise at the Marine Corps Exchange.  On 1 February 2000, you were again counseled.  On 7 March 2000, you received NJP for a period of unauthorized absence (UA) and failure to obey a lawful order to have your gear package and a babysitter in preparation for an upcoming training exercise.  On 17 March 2000, you were notified of administrative separation proceedings on the basis of misconduct due to a pattern of misconduct.  On 17 March 2000, you acknowledged your rights and waived a hearing before an administrative discharge board.  You were discharged from the Marine Corps on 15 May 2000, on the basis of misconduct, and received an other than honorable discharge and a reentry (RE) code of RE-4. 
 
In your application to the Board, you request an upgrade from other than honorable discharge to an honorable characterization of service.  You provide a detailed personal statement in support of your application in which you note that you grew up in , joined the Marine Corps without fully understanding the nature of what that would involve, and graduated #1 in your military operational specialty class.  You were subsequently assigned to  for duty, where you became pregnant.  You state that you were considered dead weight in the eyes of your command and you became depressed.  You acknowledge that after your daughter was born, you committed the stupid offense of switching prices on some perfumes and were rightfully punished.  You state that your daughter’s father was not involved, and your command made your life very uncomfortable.  You began seeing a psychologist who recommended that you be discharged, but your command did not agree.  You state that when your daughter was about four to five months only, you were ordered to leave your daughter with a babysitter for a two-week exercise in the woods.  You asked to be able to come home at night, particularly because in your culture, you did not leave children with strangers.  You acknowledge that you disobeyed the orders given to you.  You state that as a Marine you had a duty, but as a mother your duty was greater.  You wish you could go back and do it again; you have taken the values and lessons of the Marine Corps and carried them into your life.  Since your discharge, you own a real estate business, employ several people, and work with veterans by educating them on how to build wealth through real estate.  You state you daughter is almost done with college and is everything a mother could ask for and more.  You also note that you would like to be able to use a Veterans Affairs loan, and provide character letters in support of your request. 
 
As part of the review process, a Physician Advisor reviewed your request, and issued an Advisory Opinion dated 18 April 2021.  The Advisory Opinion noted that your in-service records do not contain evidence of a diagnosed psychiatric disorder or psychological symptoms of behavioral changes indicative of a mental health disorder.  The Advisory Opinion concluded that the preponderance of objective evidence fails to establish that you suffered from a mental health condition at the time of your military service, or that your misconduct could be mitigated by a mental health condition.  The AO was provided to you, and you were given 30 days in which to submit a response.  When you did not provide a response within the 30-day timeframe, your case was submitted to the Board for consideration.   
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contentions that your command made your life challenging after the birth of your daughter, you became depressed, and you felt the need to prioritize your duty as a mother over your duty to the Marine Corps.  The Board also noted that prior to your NJP for UA and failure to obey a lawful order, you state you tried to fulfill your responsibilities by asking to be in the field during the day and returning home at night.  The Board also considered your post-discharge achievements including your professional accomplishments, your contributions to the veteran community, and the personal success of raising your daughter as a single mother.  The Board reviewed the Advisory Opinion, and concurred substantively with its determination that the preponderance of objective evidence fails to establish that you suffered from a mental health condition at the time of your military service or that your misconduct could be mitigated by a mental health condition.  The Board determined that even in consideration of the challenges you faced following the birth of your daughter, your two NJPs supported your other than honorable discharge from the Marine Corps.  The Board concluded that based on the available evidence, that your current discharge is appropriate and does not merit an upgrade on the basis of clemency, nor does the current discharge reflect an error or an injustice. 
 
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,  

7/16/21

Executive Director