DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8513-17 MAR O9 2018 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions oftitle 10 ofthe United States Code, section 1552. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute oflimitations and consider your application on its merits. A threemember panel ofthe Board for Correction ofNaval Records, sittmg in executive session, considered your application on 13 February 2018, The names and votes ofthe members ofthe panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted ofyour application, together with all material submitted in support thereof, relevant portions ofyour naval record, applicable statutes, regulations and policies., and the Advisory Opinion (AO) from the Bureau ofMedicine and Surgery (BUMED), dated 27 July 2017, a copy ofwhich was previously provided to you. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding ofthe issue(s) involved. Therefore; the Board determined that a personal appearance was not necessary and considered your case based on the evidence ofrecord. You enlisted in the Marine Corps and began a period ofactive duty on 28 November 2005. On 11 May 2006, you were counseled for wrongfully consuming alcohol on a: prohibited day. On 22 May 2006, you were counseled for consuming alcoholic beverages "nine hours prior to assuming duties which you were subsequently relieved.ofby the Officer ofthe Day due to having a strong alcoholic odor on your breath. On 20 June 2006, you were again counseled and received nonjudicial punishmentfor wrongfully consuming alcohol on a prohibited day and wrongfully bringing alcohol into the barracks. On 22 May 2008, you were convicted by special court martial for wrongful use of a controlled substance and were awarded confinement, a forfeiture of pay, and reduction in rank. However, your command did not pursue a punitive discharge but opted instead for administrative processing. On 23 January 2009, you were notified of administrative separation proceedings against you by reason ofpattern ofmisconduct and drug abuse. You elected to consult with legal counsel and requested to have your case preseuted to an administrative discharge board (ABD). The ADB found you committed misconduct due to drug abuse and pattern ofmisconduct and recommended that you be discharged with an other than honorable characterization ofservice. Your administrative discharge was approved, and on 3 April 2009, you were discharged from the Marine Corps with an other than honorable characterization ofservice on the basis ofmisconduct due to drug abuse and pattern of misconduct. BUMED reviewed your request for correction to your record and provided the Board with an AO dated 27 July 2017, regarding your assertion ofsuffering from Post-Traumatic Stress Disorder (PTSD) due combat in Iraq. The AO noted you did not specify the nature oftime ofthe purported traumatic events and the information was not present in your records. The AO concluded that based "on the preponderance ofthe evidence, it is my considered medical opinion that there is insufficient evidence to support contention that he had service connected PTSD which contributed to his misconduct and drugabus.e:" You were provided the AO and given 30 days in which to provide a response or a rebuttal. After the review period passed without any action by you, the matter was taken to the Board. Your contention that you suffered from PTSD after returning from combat in Iraq was fully and carefully considered by the Board in light ofthe Secretary ofDefense's Memorandum, "Supplemental Guidance to Military Boards for Correction ofMilitary/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 ofMilitary/Naval Records Considering Requests by Veterans for Modification oftheir Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment" memorandum of25 August 2017. After careful and conscientious consideration ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable material or injustice. The Board, in its review ofyour entire record and application, carefully weighed all potentially mitigating factors. The Board also considered your contentions that you "made one mistake" and the "drugs don't reflect the person you were before Iraq or the person you are now". Additionally, the Board considered your contention that you were under a high level of stress and used drugs and alcohol to self-medicate after returning from combat in Iraq. The Board substantially concurred with BUMED's advisory opinion. The Board determined, even applying liberal consideration, there is insufficient evidence to support your contention that you had service-connected PTSD which contributed to your misconduct. Additionally, the Board noted your repeated alcohol related misconduct prior to deployment. Accordingly, your application has been denied. It is regretted that the circumstances ofyour case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the 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 ofregularity attaches to all official records. -Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director