DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7363-20 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. A three-member panel of the Board, sitting in executive session, considered your application on 21 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 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (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 29 April 2021, which was previously provided to you. You entered a period of active duty in the Marine Corps on 1 March 1988. On 19 January 1990 you received nonjudicial punishment (NJP) for communicating a threat and possession of an illegal weapon in violation of Article 134 Uniform Code of Military Justice (UCMJ). On 12 July 1990 you were evaluated for substance abuse and recommended for Level II treatment. On 17 July 1990 you were convicted by Summary Court-Martial (SCM) of operating a motor vehicle while intoxicated and for wrongful use of a controlled substance, marijuana, in violation of Articles 111 and 112a, UCMJ. On 24 January 1992 you were referred for substance abuse evaluation and recommended for Level III treatment, which you declined. You received your second NJP for wrongful use of a controlled substance, marijuana, in violation of Article 112a, UCMJ. The Staff Judge Advocate found your administrative separation proceedings to be sufficient in law and fact, and you were discharged on 23 March 1992 with an other than honorable characterization of service. You contend that over time, your mental health began to change, which affected your behavior as an active duty Marine. You state you started to self-medicate with alcohol and drugs and that as a young, immature Marine, you made some terrible life altering decisions which you regret. 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 although you contended you suffered from an undiagnosed mental health condition during your military service, you did not provide a description of your mental health symptoms which would have precipitated the purported mental health condition. Consequently, the AO concluded 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. 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 two NJPs and SCM, 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, 7/22/2021 Executive Director