Docket No: 10517-18 Ref: Signature Date Dear : This is in reference to your application of 3 October 2018 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. A three-member panel of the Board, sitting in executive session, considered your application on 9 March 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion (AO) furnished by a Navy mental health professional dated 15 July 2019, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 11 August 1980. On 8 January 1982, you received non-judicial punishment (NJP) for unauthorized absence. On 14 May 1982, you were counseled concerning your sleeping on post. On 27 August 1982, you were counseled concerning your lack of judgement and failing to comply with regulations. On 29 November 1982, you were counseled concerning the serious consequences of continued frequent involvement with military authorities. On 21 June 1983, you received NJP for wrongful use of cocaine. On 25 July 1983, you were notified of an administrative action to separate you from the naval service due to drug abuse. After being afforded your procedural rights, you consulted with counsel and waived your right to present your case before an administrative discharge board. On 12 August 1983, you case was forwarded to the separation authority with the recommendation that you be separated from the Marine Corps with an other than honorable (OTH) discharge. On 19 August 1983, the separation authority directed that you be discharge for misconduct due to drug abuse. On 31 August 1983, you were discharged from the Marine Corps with an OTH characterization of service. 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,” 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.” A Navy mental health professional further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion you were suffering from PTSD during your service. The AO noted that you submitted a statement that you were experiencing depression from the death of your grandmother, which went unrecognized and untreated during your military service. The AO noted that you submitted a September 2018 letter from a civilian counselor, who treated you for two years for diagnoses of Post-Traumatic Stress Disorder (PTSD); depressive disorder, mixed with anxiety; and major depressive disorder. The AO notes that no other records were available for review. The AO acknowledges that you have a diagnoses of PTSD and depressive disorders. The AO states that additional, post-service medical records describing the link between your mental health symptoms and your misconduct are required to render an alternate opinion. The AO opines that there is insufficient evidence that your misconduct should be attributed to a mental health condition incurred during military service. 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 never received any type of mental health counseling for your substance use. You were 19 years old and did not have a way of coping with your loss, you had not made the adjustments to military life, your morale was down, and you suffered from severe depression and grief without a mental health consult or drug treatment. The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your two NJPs, one of which was for wrongful drug use, and the fact that you were counseled on more than one occasion regarding the consequences of further misconduct. Further, the Board concurred with the AO’s statement that there is insufficient evidence that your misconduct can be attributed to a mental health condition incurred during military service. 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.