DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4058-18 Dear This letter is in reference to your reconsideration request dated 7 May 2018. You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved. Your case was reconsidered in accordance with Board procedures that confonn to Lipsman v. Sec'y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application. Your current request has been carefully examined by a three-member panel of the Board for Correction of Naval Records, sitting in executive session on 29 July 2019. The names and votes of the members of the panel will be furnished upon request. 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 13 November 2018 advisory opinion (AO). Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Marine Corps and began a period of active duty on 30 July 1973. During your pre-enlistment paperwork you denied any psychiatric symptoms and denied involvement in criminal activity. On 20 May 1975, you were found guilty at special court-martial for four periods of unauthorized absence (UA) between February 1974 and February 1975, totaling 185 days. You were sentenced to a bad conduct discharge. In June 1975, you received a psychiatric evaluation but no diagnosis was assigned. On 30 August 1975, you began another period of UA which lasted until April 1976. The Navy Court of Military Review affirmed the findings and sentence of the special court martial on 30 January 1976. You were discharged from the Marine Corps on 7 May 1976, with a bad conduct discharge. In your petition to the Board, you request an upgrade to your characterization of service to honorable and contend that a mental health condition mitigated your in-service conduct. You provide a personal statement that details a troubled childhood of abuse, assault, and domestic violence. After enlisting in the Marine Corps you continued to feel responsible for the safety of your mother and went UA to protect your mother from your father. You state that being in the Marines was the best thing that happened in your life, and that you excelled in boot camp. You were selected for orders to but claim that you were not chosen for duty due to your race. You report being shocked at the racial discrimination and indicate that the combination of your pre-service mental health conditions relating to your traumatic childhood and the racism caused you to be depressed. You provide a post-service diagnosis of bipolar disorder with psychotic features and a diagnosis of polysubstance dependence in remission. You also provide information about your post-service conduct to include letters of recommendation regarding your character, your commitment to your friends and family, and your community involvement. 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 of25 August 2017. As part of the review process, a licensed clinical psychologist reviewed your assertions and the available records, and provided the Board with an AO on 13 November 2018. The AO found that there is insufficient information to connect your post-service diagnosis of bipolar disorder to your military service. The AO was mailed to you on 13 November 2018, 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 carefully reviewed your application and noted your contention that you were suffering from mental health issues at the time of your misconduct, and that those conditions were influenced by your pre-service childhood trauma. The Board also considered that you assert racial discrimination impacted your state of mind and caused you to become depressed. The Board reviewed the AO and noted that your post-service medical records support your contention of bipolar disorder. Based on the information provided by you, the AO, and the information in your service record, the Board concluded your mental health issues appear to be primarily related to your childhood trauma. The Board noted that, during your court-martial proceedings, you referenced going UA to assist your mother, help your wife, and because you had not been paid properly. The Board, however, determined that the length and frequencies of your UAs, along with the special court-martial conviction and sentence, support your current bad conduct discharge. Accordingly, the Board again found that relief is not warranted. It is regretted that the circumstances of your reconsideration petition 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 Fonn 149. New matters are those not previously presented to or considered by the Board. In the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 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.