Docket No: 899-20 Ref: Signature Date Dear 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.. 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. 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 12 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 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, 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 18 February 2021, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 12 June 1995. On 17 November 1998, you were convicted by civilian authorities of possessing marijuana and sentenced to community service. On 7 January 1999, you were evaluated by a Substance Abuse Counselor and diagnosed with Cannabis Abuse with no evidence of Dependency. On 11 January 1999, you received nonjudicial punishment (NJP) for wrongful use of marijuana. On 12 January 1999, administrative discharge action was initiated due to drug abuse. After being afforded your procedural rights, you elected not to have your case heard before an administrative discharge board. On 28 January 1999, your case was forwarded to the separation authority recommending you receive and other than honorable (OTH) discharge due to drug abuse. On 9 February 1999, a staff judge advocate reviewed your case and determined it to be sufficient in law and fact. On 11 February 1999, the separation authority directed that you be separated from the Marine Corps with and OTH discharge due to drug abuse. On 19 February 1999, you were discharged from the Marine Corps with an OTH 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 were suffering from a mental health condition during your service. The AO noted that the preponderance of available objective evidence failed to establish you were diagnosed with or suffered from a mental health condition at the time of your military service, or that your in-service misconduct could be attributed to 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 assertions that at the time of your separation, you were suffering from an undiagnosed major depressive disorder. You assert that you were discouraged from seeking mental health treatment and encouraged to “suck it up and drive on,” which you further assert led you to self-medicating with cannabis to escape your darkest thoughts, and resulted in your discharge. Additionally, you contend that the negative stigma attached to your discharge is preventing you from pursuing your passion for treating fellow veterans suffering from debilitating mental health disorders as a Department of Veterans Affairs psychiatrist. 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 civil conviction for drug possession, the fact that you were counseled regarding your involvement in a drug related incident with civil authorities, and NJP for wrongful drug use outweighed these mitigating factors. Additionally, the Board concurred with the AO in that the preponderance of available objective evidence, failed to establish you were, diagnosed with or suffered from a mental health condition at the time of your military service, or that your in-service misconduct could be attributed to a mental health condition. 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,