DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 7364-20 
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. 

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 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 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 29 September 1970. You were convicted by Summary Court-Martial (SCM) on 16 July 1971 for a 17 day period of unauthorized absence in violation of Article 86, Uniform Code of Military Justice. On 30 September 1971 you were granted a drug use exemption in accordance with ALMAR 77, part of a Department of Defense initiated drug amnesty program. After self-referring and admitting to the use of multiple controlled substances, you received medical and psychiatric evaluations and rehabilitative treatment to include chaplain counseling, consultation with medical doctors, and numerous individual counseling sessions. On 18 November 1971 the Drug Exemptee Review Board recommended your administrative separation due to a passive-aggressive personality disorder that presupposed “an inability to benefit from rehabilitative programs and a high probability of drug usage if retained in the military service.” The Staff Judge Advocate found your administrative separation proceedings to be sufficient in law and fact. You were discharged on 1 March 1972 with a general (under honorable conditions) characterization of service. 

You contend you were 18 years old at the time of discharge, had a bad drug habit, and were unable to make clear decisions. You further state you are now 67 (at the time of submitting your application) and do not want this to haunt you when you are deceased. You further note you already receive benefits and just want peace of mind.  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 met the criteria for a 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 SCM 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, 
7/23/2021