DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 No: 10641-18 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 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, and applicable statutes, regulations, and policies, and the enclosed advisory opinion (AO). You enlisted in the Marine Corps and began a period of active-duty service on 22 November 1968. On 13 September 1969, you began a period of unauthorized absence (UA). Your record indicates that the UA terminated by apprehension on 1 January 1970. You subsequently requested a discharge for the good of the service in lieu of trial by court martial. Your chain of command recommended approval of your request. On 16 March 1970, you were discharged from the Marine Corps at your request for the good of the service with an undesirable discharge and a reentry (RE) code of RE-4. You request a change to your undesirable discharge, and ask that you instead be given a medical discharge to compliment your 100% service-connected disability rating from the Department of Veterans Affairs (VA). You state that you are bipolar and are currently being treated by the VA for your 100% service-connected mental health condition. You contend that your mental condition is such that it made your military experience impossible to perform. Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s memorandum, “Supplemental Guidance to MilitaryBoards forCorrection 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 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” memorandum of 25 August 2017. As part of the Board’s review, the Navy Council of Review Boards (CORB) reviewed your request in light of your contention that you suffered from bipolar disorder that made your military duties impossible to perform. The CORB issued an AO on 20 January 2020. The AO noted that, prior to your enlistment, you had multiple legal entanglements, to include larceny, mischief, purse snatching, unlawful possession of an automobile, and damage to property, and that you were offered enlistment in the military as an alternative to confinement. The AO also noted that no medical records were provided for review in connection with your request for a medical discharge, that there is no evidence that you were evaluated by any medical or mental health provider, and that no post discharge mental health records were submitted. The AO noted, too, that neither personality disorders nor conditions exiting prior to enlistment without service aggravation are compensable by Department of Navy Physical Evaluation Board (PEB) action. Therefore, the AO concluded that the evidence does not support your request. The AO was provided to you, and you were given 30 days in which to submit a response. When you did not provide a response within the 30-day timeframe, your case was submitted to the Board for consideration. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that a mental health condition impacted your ability to serve in the Marine Corps. The Board reviewed your available records and considered the AO. TheBoard concurred with the AO’s findings that there is insufficient evidence to establish that you suffered from a qualifying condition or disability during your time in the Marine Corps that merits a medical discharge. In light of the misconduct reflected in your record—specifically the length of your UA from September 1969 to January 1970—and absent evidence of either a mitigating mental health condition or a condition qualifying you for a medical discharge, the Board concluded that your discharge does not constitute a probable material error or injustice. It is regretted that the circumstances of your case are such that favorable action on your request is not warranted. You are entitled to have the Board reconsider its decision upon 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. Sincerely,