Docket No:  7455-20 

Ref: Signature Date 

Dear Petitioner: 
 
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 the entire record, 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.     
  
A three-member panel of the Board, sitting in executive session, considered your application on 19 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 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 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).  In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 8 June 2021, which was previously provided to you. 
  
You enlisted in the Marine Corps and began a period of active duty on 29 August 1989.  On 16 January 1991, you were counseled concerning your failure to meet the Marine Corps height and weight standards.  On 1 October 1991, you were counseled concerning being drunk and disorderly, and warned that further deficiencies in your performance and/or conduct could result in administrative discharge action.  On 10 April 1992, you received nonjudicial punishment (NJP) for a brief period of unauthorized absence, disobeying a lawful order, using disrespectful language, and drunk and disorderly conduct.  On 17 April 1992, you were counseled concerning writing checks with insufficient funds, and warned that failure to take corrective action could result in administrative discharge action.  On 2 November 1992, you received NJP for disorderly conduct resulting in a broken window in the barracks.  On 29 January 1993, you received NJP for two instances of being missing from your appointed place of duty.  On 26 March 1993, you were notified of administrative discharge action by reason of misconduct due minor disciplinary infractions.  After being afforded your procedural rights, you elected to have your case heard before an administrative discharge board (ADB).  On 11 June 1993, an ADB found that you had committed misconduct due to minor disciplinary infractions and recommended that you be separated from the Navy with a general characterization of service.  On 13 July 1993, a staff judge advocate reviewed your case and found it to be sufficient in law and fact.  On 14 July 1993, the separation authority directed that you be separated from the Marine Corps with a General (under honorable conditions) discharge by reason of misconduct due to minor disciplinary infractions.  On 26 August 1993, you were discharged from the Marine Corps with a general (under honorable conditions) characterization of service.  
   
A qualified mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you was suffering from Post-Traumatic Stress Disorder during your service.  The AO noted that, the available objective clinical evidence supported your contention of service-incurred PTSD, which likely mitigated your in-service misconduct.    
 
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 the findings of the AO, and your assertions that you suffered an injustice after your return from Desert Storm and quick re-deployment to the Gulf, when you were suffering from PTSD and were heavily self-medicating with alcohol.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your three NJPs, and being warned on more than one occasion of the consequence of further misconduct, 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, 
                                              
7/22/21

Executive Director