DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8033-18 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would 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. 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 9 December 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 12 July 2019 advisory opinion furnished by a navy mental health professional. The AO was provided to you on 15 July 2019, and you were given 30 days in which to submit a response. When you did not provide a response, your case was submitted to the Board for consideration. You enlisted in the Marine Corps and began a period of active duty on 5 August 1986. On 5 February 1991, in accordance with your pleas of guilty, you were convicted by special court-martial (SPCM) of two specifications of unauthorized absence (UA), both terminated by apprehension, totaling 1,034 days. You were sentenced to a period of confinement, a reduction in paygrade, and to be discharged from the naval service with a bad-conduct discharge (BCD). You received your BCD on 27 February 1992. 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.” As part of the review process, a Navy mental health professional reviewed your request and provided the Board with an AO regarding your assertion that you was suffering from a mental health condition during your service. The AO noted, that there is an administrative note in your military medical record that you received treatment for a major depressive reaction, adjustment reaction with mixed emotional features, from a civilian hospital in February 1988, while UA. Unfortunately, as noted by the AO, you have not submitted any medical records concerning your diagnosis of depression. The AO determined that there is insufficient information to attribute your repeated UAs to this mental health condition diagnosed while you were UA. The AO opined that, although it is possible that your UA could be due to symptoms of depression, it is also possible that your UA was due to a dislike of military service. Additional, post-service medical records describing the link between your mental health symptoms and your misconduct are required to render an opinion. Accordingly, at this time, based on the available evidence, it was opined 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, such as your record of service, and desire to upgrade your discharge. The Board also consider your assertions that you were “ill advised” at your court-martial by your appointed counsel, and advised to accept a BCD to expedite your departure from the service and “get it done and over with.” However, the Board concluded that these factors and assertions were insufficient to warrant changing your characterization of service given your SPCM conviction by guilty plea for very lengthy periods of UA. Further, the Board concurred with the AO statement that there is insufficient evidence that your misconduct should 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. Sincerely,