Docket No: 9636-17 Ref: Signature date Dear This letter 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 the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three- member panel of the Board, sitting in executive session, considered your application on 8 April 2019. 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the enclosed 11 January 2019 advisory opinion (AO) furnished by a Navy mental health professional. The AO was provided to you on 11 January 2019, and you were given 30 days in which to submit a response. When you did not provide a response, your case was submitted to the Board for consideration. You enlisted in the Marine Corps and began a period of active duty on 15 September 2014. On 7 April 2016, a behavioral health report found that you to have a mental health condition which impaired your performance at work. The condition did not amount to a disability, but affected your potential for continued Marine Corps service. You exhibited symptoms consistent with the diagnosis of an “adjustment disorder.” On 5 and 17 May 2016, you were counseled concerning your medical condition of an adjustment disorder. On 11 July 2016, you were notified of administrative action to separate you from the naval service for the convenience of the government due to a medical “condition not a disability.” You were advised of, and waived, your procedural rights to consult with legal counsel or submit a written statement to the separation authority. Your commanding officer noted that you required “daily supervision, an adapted workload and possess[ed] an inadequate ability to process stress,” and recommended that you be separated. Your case was forwarded to the separation authority with the recommendation that you receive a general (under honorable conditions) (GEN) characterization of service. At that time, you had no combat service or deployments, and were diagnosed not to have post-traumatic stress disorder. On 27 July 2016, the separation authority directed that you receive a GEN discharge. On 29 July 2016, you acknowledged that you were being assigned Proficiency and Conduct marks of 3.8/3.8. A 4.0 was needed to be considered for a fully honorable discharge. On 2 August 2016, you received your GEN discharge for the convenience of the government due to a condition not a disability. On 25 April 2017, the Navy Discharge Review Board found there was evidence of significant negative aspects of your conduct or performance as detained in the recommendation from your chain of command, and commanding officer as well as your proficiency and conduct marks of 3.8, demonstrated conduct not sufficient to merit an honorable discharge. You request an upgrade of your characterization of service on the basis that you suffered from a mental health condition during your military service. Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s 3 September 2014 memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder,” of the 25 August 2017 memorandum, “Clarifying Guidance to Military Discharge Review Boards 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,” and the 25 July 2018 memorandum, “Guidance to Military Discharge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” As part of the review process, a qualified Navy mental health professional reviewed your request and provided the Board with an AO regarding your assertion you were suffering from a mental health condition during your service. The AO noted, in part, that you entered the Marine Corps with a waiver of physical standards based on an eye astigmatism, and a history of mood disorder with brief inpatient treatment. The AO also noted that you have provided no post-service treatment records. The Department of Veteran Affairs has determined that your depression diagnosis can be attributed to military service. The AO determined that, while you did have a history of a mood disorder prior to service, it is likely that the stress of military service resulted in a recurrence of depressive symptoms, and the diagnosis of depression can be attributed to military service. The AO opined that there is insufficient information to determine whether your mental health condition impacted your conduct rating, from which your characterization of service was derived. The AO noted that you were counseled on two occasions regarding your clinical diagnosis and recommended to comply with treatment. The AO also stated that there is insufficient information regarding whether you were noncompliant with treatment, and that in- service medical records could clarify whether your mental health condition should have mitigated your discharge rating. The Board carefully weighed all potentially mitigating factors in your case, including your record of service, and desire to upgrade your discharge. The Board also considered your assertions that you were given a GEN discharge due to depression and an adjustment disorder, that they say it was not a disability, however, you were awarded 70% disability, and you believe clearly it was a disability, which you believe would have made you eligible for an honorable discharge. However, the Board concluded that these factors and assertions were insufficient to warrant changing your characterization of service given your diagnoses of a condition, not a disability, and failure to attain the required 4.0 average in conduct marks. Further, the Board concurred with the AO’s statement that there is insufficient information regarding whether you were noncompliant with treatment, and in-service medical records could clarity whether you your mental health condition should have mitigated your discharge rating. It is regretted that the circumstances of your case are such that favorable action cannot be taken. 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.