Docket No: 863-20 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 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 April 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 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 24 February 2021, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 28 January 1997. On 1 July 1997, you received nonjudicial punishment (NJP) for wrongful use of marijuana. Additionally, you were, counseled and warned that processing for administrative separation for cause was mandatory. On 29 September 1997, you were convicted by special court-martial (SPCM) of wrongful possession of marijuana, two specifications of wrongful use of marijuana, and breaking restriction. You were sentenced to a period of confinement, a forfeiture of pay, and a bad conduct discharge (BCD). Your BCD was executed on 7 October 1998. 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. 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 were suffering from Post-Traumatic Stress Disorder (PTSD) during your service. The AO noted that based on the available evidence, the preponderance of available objective evidence failed to establish you were diagnosed with PTSD or TBI, suffered from PTSD or TBI at the time of your military service, or your in-service misconduct could be attributed to PTSD or TBI. 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 that: (a) you want to file for service related disabilities with the Department of Veterans Affairs (DVA); (b) in basic training in March 1997, your bunk-mate was killed during close combat fighting, and no counseling was offered to you; (c) while on recruiter assistance in late spring 1997, you were involved in an auto accident in which you suffered a concussion (Traumatic Brain Injury), loss of teeth, and NJP, which diminished your self-worth, led to deep depression and caused you to self-medicate with drinking; and (d) you were not given counseling, pushed out as an outcast, and persecuted, which led you to heavy drinking, and without having proper medical and psychiatric help, you were a raging alcoholic for over 20 years. 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 NJP and SPCM conviction, both of which involved wrongful drug use outweighed these mitigating factors. Additionally, the Board concurred with the AO that based on the available evidence, the preponderance of available objective evidence failed to establish you were diagnosed with PTSD or TBI, suffered from PTSD or TBI at the time of your military service, or your in-service misconduct could be attributed to PTSD or TBI. 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, 4/25/2021 Executive Director