DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3905-18 Ref: Signature Date Dear Mr. 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 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 26 August 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 and applicable statutes, regulations and policies. In addition, the Board considered a 4 June 2019 advisory opinion (AO) furnished by a qualified Navy mental health professional, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 16 January 1991. The Board found that on 1 February 1991, you were dropped from recruit training due to a back injury. You also reported that you had been physically or verbally abuse while in your platoon. On 5 February 1991, you were transferred to a mental health unit after ingesting medication in a suicidal gesture. You were subsequently recommended for discharge due to failure to adapt to the Marine Corps, and diagnosed with an adjustment disorder with depressed mood, and passive aggressive traits. Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you received an uncharacterized entry level separation (ELS) character of service duty to entry level performance and conduct on 15 February 1991. You record did not contain documentation pertaining to your separation from the Marine Corps, and the Board noted that you provided no evidence to support your contention. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials involved in processing your separation acted in accordance with governing law/policy and in good faith. However, your record shows you did have numerous counselings for unsatisfactory performance and conduct from January to February 1991. 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 Navy mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion you were suffering from a mental health condition during your service. The AO noted that you presented no post-service medical records. In-service, you were diagnosed with an adjustment disorder and failure to adapt to Marine Corps life, which resulted in your discharge. There is no indication that this was in error. Based on the preponderance of the evidence, you were discharged appropriately based on your behavior and diagnosis of an adjustment disorder. The Board carefully weighed all potentially mitigating factors, such as your record of service, desire to upgrade your discharge, and assertions that your discharge was due to the treatment by training staff, and because of it, your career never continued and that you did your part. Additionally, that the treatment by training staff was uncivilized creating your first injury, in which your suicide attempt was a way of treatment for the abuse, and it should be documented that you are a disabled veteran. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your behavior and diagnosis of an adjustment disorder. With regard to your characterization of service, the Board noted that you were notified of your separation process within 180 days of the beginning of your period of active service. Marine Corps directives authorize an uncharacterized ELS if the processing of a Marine’s separation begins within 180 days of active duty. Further, the Board concurred with the AO’s statement that there is no indication that this was in error, and based on the preponderance of the evidence, you were discharged appropriately based on your behavior and diagnosis of an adjustment disorder. 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, 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.