DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 7948-20 
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 25 June 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 2 May 2021, which was previously provided to you. 

You enlisted in the Marine Corps on 3 December 1998. On 20 June 2000, you received nonjudicial punishment for an unauthorized absence (UA) and willful disobedience of a written order. On 15 May 2002, you were convicted by special court martial (SPCM) for a 17-day UA and wrongful use of cocaine, marijuana, and methamphetamine. You were sentenced to confinement, reduction in rank, and a bad conduct discharge (BCD). The BCD was subsequently approved at all levels of review. On 27 October 2003, you were discharged. 

As part of the Board’s review, a qualified mental health professional reviewed your request and provided the Board with an AO on 2 May 2021. The AO stated your in-service records do not contain evidence of a diagnosis of a mental health condition or psychological/behavioral changes that may have indicated a mental health condition. The AO noted that throughout your disciplinary proceedings, there were no concerns noted which would have warranted referral to mental health resources nor did you attribute your misconduct to a mental health condition. Based on the available evidence, the AO concluded the objective evidence does not establish you 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. The AO was provided to you on 6 May 2021 and you were given 30 days in which to respond. When you did not respond after 30 days, your case was submitted to the Board for review. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention your command chose to punish you rather than help you when, upon returning from Operation      , your “life fell apart.” The Board also considered your contentions that you were the victim of “double standards,” “racial tension, favoritism, and corruption” were at “an all-time high” and were “more out in the open than ever before,” and “rank and race have always been a factor whether admitted to or not.” The Board also noted you did not submit advocacy letters or post-service documents to be considered for clemency purposes. Unfortunately, the Board did not find evidence of an error or injustice that warrants changing your BCD. The Board, relying on the AO and applying liberal consideration, concluded there was insufficient evidence of an error or injustice that warrants granting clemency in the form of an upgraded characterization of service. 

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 desire to upgrade your discharge and your contentions discussed above. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined your misconduct, as evidenced by your SPCM, 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, 
7/12/2021 

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