Docket No: 7067-20 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 your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 23 November 2020. 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 the 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 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its 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. You enlisted in the Marine Corps and began a period of active duty on 29 December 1965. Your record reflects numerous Combat Operations from October 1966 through June 1967. You earned the National Defense Service Medal, Vietnam Campaign Medal with Device, Vietnam Service Medal with 1 Star, Purple Heart Medal with 2 Stars, and the Sharpshooter Medal. Your record indicates that on 25 October 1967, you received nonjudicial punishment for disobedience of a lawful order. On 21 December 1967, you received a second NJP for a period of unauthorized absence (UA), failure to obey a lawful order issued by a sergeant, and for failure to maintain a minimum issue of individual uniform clothing, and were reduced in rank to lance corporal. On 24 July 1968, you again received NJP for a period of UA, and were reduced in rank. Your record reflects three more NJPs between 26 November 1968 to 20 December 1968 for not walking your post as a sentinel and UA. Your record indicates you had a final period of UA from 10 to 15 February 1969. You continued your service to the Marine Corps, and on 5 September 1969, you were discharged with an honorable characterization of service and transferred to the Marine Corps Reserve. Your Certificate of Release or Discharge from Active Duty (DD Form 214) indicates that you held the rank of E-1 at the time of your discharge from the Marine Corps. In your application to the Board, you request that your rank be restored. You state that you had an extreme case of Post Traumatic Stress Disorder (PTSD) following your deployment to Vietnam. You state that you went to the base psychiatrist for support and the psychiatrist minimized everything that you said and dismissed you. You state you were declared fit for duty, and transferred to where you were a corporal squad leader for a machine gun squad. You assert that the platoon sergeant had a personal dislike for you, which exacerbated your PTSD experience. The Board noted that your application for correction raises a potential issue of a mental health conditions of PTSD. Accordingly, your request 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. The Board also reviewed your petition in light of the Under Secretary of Defense’s memorandum, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” of 25 July 2018. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you were suffering from PTSD following your deployment to Vietnam, you did not receive appropriate care from the base psychiatrist, and your command climate exacerbated your mental health condition. The Board noted that the applicable mental health guidance relates to the upgrade of discharge characterization due to mitigating mental health conditions, and that you hold an honorable characterization of service. Nonetheless, the Board considered whether restoration of your rank was appropriate given your assertions of struggling from PTSD. The Board found that even in consideration of your statement regarding PTSD and your claim of lack of support from Medical, that the nature and frequency of your misconduct as evidenced by the multiple NJPs and periods of UA beginning in 1967, was such that your reduction in rank while you in the Marine Corps was neither erroneous nor unjust. Accordingly, the Board concluded that your discharge in the grade of E-1 does not merit corrective action. In reviewing the circumstances of your separation, 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). Accordingly, the Board considered and acknowledged your positive contributions to the Marine Corps, the length of your active duty service to our nation, and your post-discharge achievements. Even considering these potentially mitigating factors in accordance with the above referenced guidance, the Board did not find that relief was in the interest of justice. The Board concluded 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,