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

Docket No: 5420-17 
AUG 2 7 2018 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of title 10 ofthe United States Code, section 1552. After careful and conscientious 
consideration of the entire record, the 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 ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 2 April 2018. The names and votes ofthe members ofthe 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 ofthis 
Board. Documentary material considered by the Board consisted of your application, together 
with all material submitted in support thereof, relevant portions ofyour naval record and 
applicable statutes, regulations and policies. In addition, the Board considered the advisory 
opinion (AO) furnished by a qualified Mental Health Professional dated 22 January 2018, which 
was previously provided to you and is enclosed. 

You enlisted in the Marine Corps and began a period of active duty on 22 March 1994. On 
4 February 1994, you were briefed on the Marine Corps' policy regarding drug and alcohol 
abuse. On 24 March 1994, you tested positive for drug use on urinalysis, two days after you 
started active duty. On 20 April 1994, your Commanding General waived your fraudulent 
enlistment for failing to disclose preservice drug use and authorized your retention in the Marine 
Corps. Subsequently, you tested positive for THC in September 1994 and received nonjudicial 
punishment (NJP) for wrongful use ofmarijuana. On 9 December 1994, a Substance 
Abuse/Chemical Dependency Evaluation diagnosed you as being alcohol dependent. At that 
time, you were assessed as needing Level III Rehabilitation Treatment. Because you were 
pending administrative separation, treatment was not given while you were still on active duty. 

However, you were informed that a Department of Veterans Affairs (DV A) facility could 
provide you treatment closest to your home ofrecord. Subsequently, administrative discharge 
action was initiated, and after being afforded all of your procedural rights, you waived your right 
to have your case heard before an administrative discharge board. You subsequently, received 
an other than honorable discharge on 3 February 1995 due to misconduct by reason of drug 
abuse. 

You request an upgrade of your characterization of service on the basis that you suffered from 
unrecognized Post-Traumatic Stress Disorder (PTSD) at the time of your military service. Your 
request was fully and carefully considered by the Board in light ofthe 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 also reviewed your request for correction to your record 
and provided the BCNR with an AO regarding your assertion that you were suffering from 
PTSD during your service. The AO noted that you stated that while you and some friends were 
in Tijuana, Mexico, one of your friends was robbed, assaulted, and killed. A review of your 
records indicates no mention of the incident, and the AO states you submitted no documentation 
in regards to the event pursuant to completing a robust medical opinion in your case. The AO 
further states that one of the letters you submitted states that you have a diagnosis of PTSD and 
schizophrenia, however they are not necessarily connected to your time in-service, nor does the 
letter indicate as such. Thus, your post-service diagnosed PTSD cannot be attributed to your 
military service, nor can yc;mr misconduct be attributed to PTSD or a PTSD related disorder. 

The Board concurred with the AO's statement that there is insufficient evidence to support your 
contention that you suffered from PTSD during your time in service which contributed to your 
misconduct. The BCNR determined that the nature ofyour misconduct supported your OTH 
discharge. Even under the liberal consideration standard, the Board found the seriousness of 
your misconduct merited your OTH discharge. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission of new and material 
evidence. New evidence is evidence not previously 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, 


Executive Director