Docket No: 9920-18 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 will not materially add to their 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 3 February 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the 12 April 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 28 September 1993. During the period from 18 May 1984 to 14 September 1984, you received three nonjudicial punishments (NJPs) for being absent from your appointed place of duty, disobeying a lawful order, violating an order by bringing a weapon and martial arts weaponry into the barracks, and two instances of failing to go to your appointed place of duty. On 7 October 1994, you were counseled concerning your deficiencies, failing to obey lawful and written orders, and adhering to the good advice of those appointed over you. On 12 December 1994, you were convicted by summary court-martial (SCM) of wrongfully pulling a fire alarm in the barracks and disorderly conduct. On 10 February 1995, you were notified of administrative discharge action due to a pattern of misconduct. After being afforded your procedural rights, you waived your right to have your case heard before an administrative discharge board. On 10 February 1995, your case was forwarded to the separation authority with the recommendation that you receive a general (under honorable condition) discharge by reason of misconduct due to minor disciplinary infractions and a pattern of misconduct. On 17 February 1995, a staff judge advocate reviewed you case and found it to be sufficient in law and fact. However, it was recommended that you receive an other than honorable (OTH) discharge due to your pattern of misconduct. On 23 February 1995, the separation authority concurred and directed that you be separated from the Marine Corps with an OTH characterization of service due to a pattern of misconduct. You received your OTH discharge on 24 March 1995. 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.” A Navy mental health professional reviewed your request for correction to your record 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 you submitted no medical records to support your statement that you incurred PTSD during your military service. Post-service records describing your PTSD symptoms and their specific link to your military misconduct are required to render an alternate opinion. Additionally, it is not clear how your misconduct would relate to PTSD symptoms. Based on the available evidence, it was opined that there is insufficient evidence that your misconduct should be attributed to PTSD 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 your discharge is different from what was on your orders, and that you have PTSD and severe back problems. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your misconduct, which resulted in three NJPs and SCM conviction. Further, the Board concurred with the AO’s statement that there is insufficient evidence that your misconduct should be attributed to PTSD 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