DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8674-20 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 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 30 August 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 Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta 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). Additionally, the Board considered the advisory opinion (AO) furnished by qualified mental health provider dated 30 June 2021, which was previously provided to you. Although you were afforded an opportunity to submit a rebuttal, you did not do so. On 30 July 1968, you disclosed a pre-service disciplinary history on Form NAVMC 136 ranging from vandalizing a home to being out past curfew. An enlistment waiver was granted on 01 August 1968. Subsequently, you enlisted in the Marine Corps and began a period of active duty on 28 August 1968. On 18 September 1968 and 24 November 1968, you were issued a counseling entry instructing you of the code of conduct for members of the Armed Forces as well as types of discharges, basis for issue, effects on reenlistment, Veteran’s Administration (VA) benefits, and characters of separation. On 4 August 1970, you were convicted at a special court-martial (SPCM) for wrongfully selling approximately 11 grams of marijuana. You were sentenced to confinement at hard labor (CHL) for five months, forfeiture of $85.00 pay per month for five months, reduction to E-1, and a bad conduct discharge (BCD). On 11 September 1970, the Convening Authority approved the sentence with the exception of CHL. After the findings and sentence of your SPCM were affirmed, on 23 July 1971, you were discharged with a BCD character of service. As part of the Board’s review, 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 are dealing with Post-Traumatic Stress Disorder (PTSD) and this diagnosis might have mitigated the misconduct that led to you receiving a BCD. The AO noted your in-service records did not contain evidence of a diagnosis of a mental health condition nor did you provide details supporting an experience of psychological symptoms indicating an in-service mental health condition. The AO opined that based on the available evidence, the preponderance of 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 your in-service misconduct could be mitigated by a mental health condition. 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 contention that you were raised in institutions and foster care prior to joining the military which infected you with PTSD yet you always tried to do your best. The Board noted, aside from your statement and two character letters, you did not submit post-service documents to be considered for clemency purposes. 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. Additionally, the Board concurred with the AO. 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 the 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, 9/17/2021 Executive Director