DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 8715-20 Ref: Signature Date 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. A three-member panel of the Board, sitting in executive session, considered your application on 21 January 2021. The names and votes of the members of the panel 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 determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. In reviewing your record, the Board noted that you were discharged with a bad conduct discharge on 26 January 2010 based on a special court-martial conviction for three specifications of wrongful drug use. Your record also contains two non-judicial punishments for operating a vehicle under the influence of alcohol, underage consumption of alcohol, assault, unlawful entry, and false official statement. All of these offenses were committed after your deployment to in 2007. On 12 August 2016, this Board previously denied your request to change to your reenlistment code to allow you to reenlist in the Marine Corps. The Board carefully considered your arguments that you deserve a change to your narrative reason for separation based on your Post-Traumatic Stress Disorder (PTSD) symptoms. You assert that you suffer from PTSD and your condition had a direct impact on your military career. In support of your application for a change to your narrative reason for separation, you provided letters of support from former colleagues in the Marine Corps as well as your mother. Your mother provided her opinion that you suffer from PTSD based on symptoms you exhibited since your return from Iraq. Unfortunately, the Board disagreed with your rationale for relief. The Board concluded that the preponderance of the evidence does not support a change to your narrative reason for separation. First, the Board found no evidence to support a finding that you did not commit the misconduct that formed the basis for your bad conduct discharge from the Marine Corps. While you argue that your misconduct should be mitigated by your PTSD symptoms, there is no evidence that you were not mentally responsible for your misconduct. Therefore, the Board concluded you were appropriately convicted by a special court-martial for three specifications of wrongful drug use that qualified for a bad conduct discharge. Second, based on your special court-martial conviction and punitive discharge, the Board also concluded that you were ineligible for disability processing or a disability discharge. Disability regulations specifically state that misconduct processing shall supersede disability processing. Therefore, even if there was medical evidence that you were suffering from PTSD and that condition was unfitting, the Board determined you were appropriately discharged based on your special court-martial conviction. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. Evidence from your letters of support suggest that you require a change to your narrative reason for separation to qualify for treatment of your PTSD symptoms. The Board recommends you apply for Department of Veterans Affairs treatment of your symptoms. While the Board does not have any cognizance over approval of such requests, the Board is aware of a number of former service members who qualified for PTSD treatment despite possessing a discharge characterization that is less than Honorable. 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, 1/25/2021