DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8992-18/ Ref: Signature Date This letter is in reference to your reconsideration request dated 28 August 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 conform 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. 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 31 October 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, an advisory opinion (AO) from a mental health provider, and applicable statutes, regulations and policies. You enlisted in the Marine Corps Reserve on 13 November 1974. While still in initial recruit training, you went to non-judicial punishment on three separate occasions for offenses including disrespectful behavior toward a superior noncommissioned officer, provoking speech or gestures, and larceny. Following a period of inactive duty for training, where you ultimately received an failed to attend reserve drills and accumulated fifteen (15) unexcused absences for your drills starting in May of that year. Additionally, you did not attend annual training duty (ATD) with your unit in 1977, nor did you attend the alternate ATD when you were authorized to do so. On 30 December 1977, your command notified you via certified U.S. Mail that you were being processed for an administrative discharge by reason of misconduct due to an established pattern of shirking. You were directed to respond to the notification by 19 January 1978. On 4 January 1978, you reported for drill in response to the letter. On that date, you elected in writing to waive your right to present your case to an administrative separation board. On 13 February 1978, you were discharged from the Marine Corps Reserve with an other than honorable (OTH) characterization of service. Your contention that you suffered from multiple psychiatric or mental health problems while in the Marine Corps was fully and carefully considered by the Board in light of the Secretary of Defense's 3 September 2014 memorandum, “Supplemental Guidance to MilitaryBoards 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.” A Medical Corps Officer (MCO) who is a licensed clinical psychologist and a mental health provider, reviewed your contentions and the available records, and provided the Board an AO dated 31 May 2019. The MCO noted that you submitted post-service treatment records from the VA showing your diagnoses of a mood disorder and an anxiety disorder. The MCO observed that PTSD is referenced in your VA clinical records but not listed as a specific diagnosis. However, the MCO determined there is no indication you were experiencing any mental health concerns while in the military, and concluded that there is insufficient information to attribute your misconduct to a mental health concern incurred during military service. The Board carefully weighed all potentially mitigating factors in your case, such as your contentions that included, but were not limited to: (a) that you experienced multiple traumatic experiences while in initial recruit training, (b) that the behavior leading to your discharge was a direct result of your anxiety and behavioral disorders, (c) that your command failed to take any action to consider your mental health conditions as mitigating factors in the misconduct, (d) that your misconduct is not so severe that it outweighs your pervasive, serious and chronic mental health conditions, and (e) that based on the current policy that medical conditions take precedence over misconduct, you would likely receive a medical discharge with a general (under honorable conditions) characterization if you served today. Unfortunately, the Board determined these mitigating factors and contentions were not sufficient to warrant upgrading your discharge or granting any other relief in your case. In accordance with the published guidance, the Board gave liberal and special consideration to your record of service, and your contentions about any traumatic or stressful events you experienced and their possible adverse impact on your service. However, even under the liberal consideration standard, the Board concluded that there was insufficient evidence that you suffered from any type of service-connected mental health-related condition, or that any such mental health condition was related to or mitigated the misconduct that formed the basis of your discharge. Moreover, the Board also noted that, even assuming arguendo if the irritable behavior you exhibited in the service was instead related to a personality disorder, the Board determined that a personality disorder is considered to be a description of lifelong characterological traits and is not service-connected. Accordingly, the Board determined that there was no material error or injustice in your discharge. 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 Form 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.