Docket No: 10170-18 Ref: Signature Date Dear : This 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 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 23 January 2020. 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, applicable statutes, regulations, and policies, the 5 February 2019 advisory opinion (AO) provided by a navy mental health provider, and your rebuttal of 3 March 2019. Regarding your request for a personal appearance, the Board determined a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Marine Corps on 14 June 2000. On 23 February 2003, you were convicted by general court-martial (GCM) of violating a lawful order by possessing two AK-47 rifles and one Markov pistol and wrongful use and possession of “hashish.” The GCM adjudged a bad conduct discharge (BCD), twenty months confinement, reduction in rank to E-1, and total forfeitures. The BCD was subsequently approved at all levels of review, and, on 17 May 2005, you were discharged. Your request for an upgrade to your characterization of service was reviewed in consideration of your contention you have been diagnosed with post-traumatic stress disorder (PTSD). 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,” 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 Board’s review, a qualified mental health professional reviewed your request and provided the Board with an AO on 5 February 2019. The AO stated you have been diagnosed with PTSD that can be attributed to military service but your diagnosed substance use disorders cannot be attributed to military service as evidenced by your entry into the service with a waiver for drug use. However, the AO stated the evidence provided does not suggest that your possession of unauthorized weapons should be attributed to your PTSD diagnosis and noted your statement that you purchased the weapons due to “personal interest.” The AO was provided to you on 7 February 2019, and you submitted a rebuttal response dated 3 March 2019, which was considered by the Board. The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention you should not be “charged with substance abuse and for following the direction of your chain of command.” Specifically, with respect to your possession of unauthorized weapons, you contend people in your unit were purchasing items on the local market, to include weapons. You further stated that “because of my interest in weapons”, you started purchasing weapons because it didn’t appear to be wrong since your superiors were doing the same. You further explain that you agreed to sell weapons “at the purchased price” when fellow soldiers started showing interest. The Board considered your contention that when the operation was investigated, you were “punished the harshest.” The Board also considered your contention that “the environment was rough” and “rules didn’t always apply” so you “followed your supervisors and did what they did to survive.” Additionally, the Board considered your contention that when you were accused of smoking marijuana, since you thought you were smoking marijuana, you were “as honest as I could be” and admitted to the use. You contend you later learned you “weren’t smoking marijuana or any other drug” and had not tested positive for marijuana use but you were still charged with substance abuse. The Board further considered your explanation that you were “seeking out some sort of relief from the trauma and stress of my daily life in ” and “didn’t know how to keep going some days.” Since fellow Marines were able to perform their jobs better and with more focus while smoking marijuana, you contend you sought the same relief because you “wanted to be the best Marine” you could be and “make your grandfather proud.” Lastly, the Board considered the numerous advocacy letters submitted on your behalf. Specifically, the Board noted the letters confirmed your accounts of the wartime stress and expressed understanding that you thought you were “gonna get overtaken everyday” which likely led to your possession of unauthorized weapons. The letters also describe the tough times that you and many others had stemming from being constantly told you were surrounded by fighters and operatives. The Board, however, concurred with the AO and determined there is insufficient evidence to support a finding that PTSD or a mental health condition contributed to or mitigated your misconduct. The Board, noting your pre-service alcohol and drug use, determined there was insufficient evidence to support your contention that the drug use was a means of coping in the war time environment as opposed to a substance use disorder. Further, the Board determined there was insufficient evidence to establish error or injustice in the GCM finding that you had violated a lawful order by possessing the unauthorized weapons and also concurred with the AO that your weapon’s possession could not be attributed to your PTSD diagnosis. After careful consideration, the Board did not find evidence of an error or injustice that warrants changing your BCD, nor did it find that clemency was warranted given the severity of your misconduct. 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.