Docket No: 9391-18 Ref: Signature date Dear : 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 that 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 30 January 2020. 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, applicable statutes, regulations and policies, as well as the previously provided 21 August 2019 advisory opinion (AO) from a Navy mental health professional. You enlisted in the Marine Corps on 2 October 2000. On 9 March 2001, you were diagnosed with a personality disorder with borderline and avoiding features, alcohol abuse, dysthymia, and possible adjustment disorder with depressed mood existing prior to military service. You also disclosed a pre-service history of suicide attempts, including an ingestion of 15 tablets of Advil approximately one month before entering the Marines. On 2 May 2001, you received nonjudicial punishment for underage drinking and failing to go to your appointed place of duty for 22 days in April 2001. Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of fraudulent enlistment and personality disorder. You were advised that you had failed to disclose psychiatric diagnosis and treatment prior to your enlistment and that, had this been revealed by you beforehand, enlistment would have been disallowed. You also declined any substance use treatment and counseling. After you waived your procedural rights, your commanding officer recommended your discharge with an other than honorable (OTH) characterization of service by reason of fraudulent enlistment and personality disorder. After the staff judge advocate determined the administrative separation package was sufficient in law and fact, the discharge authority approved the recommendation and directed that you be discharged with an OTH characterization of service for fraudulent entry. On 13 July 2001, you were so discharged. Your request for a change to your characterization of service was reviewed in consideration of your contention that you suffered from an undiagnosed mental illness at the time of discharge. 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 Board’s review, a Navy mental health professional reviewed your request and provided the Board with an AO on 21 August 2019. The AO noted that you submitted post-service medical records indicating current diagnoses of bipolar disorder, substance use disorder, post-traumatic stress disorder, and panic disorder. The AO determined that, unfortunately, there is insufficient information to attribute any of these conditions to military service. The AO also noted that “it seems difficult” to attribute your failure to disclose or report your pre-existing mental health condition to a mental health condition. Accordingly, the AO stated that additional medical records listing the specific link between your mental health diagnoses and your misconduct are required to render an alternate opinion. The AO was provided to you on 23 August 2019, and you were given 30 days in which to submit a response. When you did not respond within 30 days, your case was submitted to the Board for review. The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that your discharge was unjust because you were suffering from bipolar disorder while on active duty. The Board considered your contention that an OTH does not “describe why [you were] discharged nor does it match [your] accomplishments.” However, the Board concurred with the AO’s determination that there was insufficient evidence in the record to attribute your failure to disclose your pre-service mental health condition and suicide attempts, which led to your discharge due to fraudulent entry. Under the totality of the circumstances, the Board determined that there was insufficient evidence to establish an error or injustice that warrants an upgrade to your characterization of service. Regarding your contention that you desire to be treated at a Veterans Administration (VA) clinic, whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you may contact the nearest office of the VA concerning your right to apply for benefits. If you have been denied benefits, you may appeal that denial under procedures established by the VA. 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.