Docket No: 10116-19 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. A three-member panel of the Board, sitting in executive session, considered your application on 22 February 2021. The names and votes of the panel members 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 the 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, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 6 January 2021, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 6 November 1970. On 9 August 1971, a medical psychiatric evaluation diagnosed you with a Passive-Aggressive Personality, Passive Mild, and Anxiety, Situational. This evaluation found you to be mentally competent, know right from wrong, and responsible for your actions. On 23 August 1971, you received nonjudicial punishment (NJP) for two days of unauthorized absence. On 26 March 1973, you were, convicted by civilian authorities of larceny. You were sentenced to one year in jail, which was suspended, and you were placed on two years of probation. On 29 March 1974, you were, ordered to report to your probation office on 1 April 1974. However, you failed to report, which was in violation of your probation. On 4 June 1974, your civilian probation was revoked, and your suspension of one year in jail was immediately effected. On 16 October 1974, you were, apprehended by civil authorities and confined in a County Correctional Institute. On 24 October 1974, you were, notified of administrative discharge action for misconduct due to frequent involvement with military and civilian authorities. After being afforded your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board. Your case was forwarded to the separation authority with the recommendation that you receive an undesirable discharged due to your civil conviction. On 31 October 1974, a Staff Judge Advocate reviewed your case and found it to be sufficient in law and fact. On 6 November 1974, the separation authority directed that you receive an undesirable discharge due to your civilian conviction and subsequent incarceration. On 12 November 1974, you were discharged from the Marine Corps with an other than honorable (OTH) characterization of service. 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 of 25 August 2017. A qualified mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from Post-Traumatic Stress Disorder (PTSD) during your service. The AO noted that the preponderance of available objective evidence fails to establish you were diagnosed with PTSD, suffered from PTSD at the time of his military service, or your in-service misconduct could be attributed to PTSD or your depressive disorder diagnosis. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to your statement that you were told that if you accepted an OTH discharge, in six months it would automatically upgrade to an honorable, that this is your third time requesting to have your discharge upgraded, and your personal statement. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct, as evidenced by your NJP, civilian conviction for a very serious offense, and subsequent incarceration outweighed these mitigating factors. Additionally, the Board concurred with the AO that the preponderance of available objective evidence fails to establish you were diagnosed with PTSD, suffered from PTSD at the time of his military service, or your in-service misconduct could be attributed to PTSD or your depressive disorder diagnosis. Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. You are entitled to have the Board reconsider its decision upon 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, 2/24/2021 Executive Director