DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD. SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2980-18 Jul 25 2019 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 ofNaval 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 three­member panel of the Board, sitting in executive session, considered your application on 17 June 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 4 October 2018 advisory opinion (AO) furnished by a qualified mental health professional, which the Board previously sent to you on 9 October 2018. You enlisted in the Marine Corps and began a period of active duty on 14 February 1979. Beginning on 22 December 1981, you had multiple periods of unauthorized absence (UA). Your original service record was incomplete and did not contain all the documentation pertaining to your separation from the Marine Corps. The Board, however, relied upon the presumption of regularity and presumed that the officials acted in good faith and in accordance with governing law and policy. Based on your Certificate of Release or Discharge from Active Duty (DD form 214), you were UA from 29 December 1982 to 1 March 1983, totaling 62 days, UA from 1 April to 13 October 1983, totaling 195 days, and were in the hands of civilian authorities from 14 October 1983 to 18 January 1984, a period of 97 days. It appears you submitted a written request for an other than honorable (0TH) discharge, in order to avoid trial by court-martial for your two periods of UA totaling 257 days, and the 97 days you were in the hands of civilian authorities. Prior to submitting this request for discharge, you would have conferred with a qualified military lawyer, been advised of your rights and warned of the probable adverse consequences of accepting such a discharge. Your request for discharge was granted and, on 15 March 1984, you received an 0TH discharge in lieu of court-martial. 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 memorandum, "Supplemental Guidance to Military Boards for Correction 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 Board 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. A qualified 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 service. There are no mental health problems noted in your discharge paperwork. In addition, there was no information regarding the date of death of your brother, which you cited as the reason for misconduct and discharge. You submitted a medical record, which noted you were receiving treatment for depression many years after service. The AO opined, however, that your current mental health condition cannot be attributed to your military service. The mental health professional opined, therefore, that, without additional information, your misconduct could not be attributed to a mental health condition. The Board carefully weighed all potentially mitigating factors and your assertions that you were sick because you watched your brother pass away, that you were not mentally stable before he passed, and afterwards you became even more mentally unstable. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your multiple periods of UA and your request for discharge. The Board found no material error or injustice in your discharge. 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 submission of new matters. 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, Executive Director