Docket No: 1067-19 
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. 
 
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 2 June 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 25 November 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 12 June 1972.  On 19 April 1973, you received nonjudicial punishment (NJP) for 22 days of unauthorized absence.  On 4 September 1973, you pleaded guilty to armed robbery and possession of a weapon of mass death and destruction and were sentenced to 15 years confinement.   On 5 November 1973, you were notified of administrative discharge action for misconduct due to a civil conviction.  After being afforded your procedural rights, you waived your right to request to have your case heard before an administrative discharge board.  On 27 November1973, the officer in charge forwarded your case to the separation authority recommending that you receive an undesirable discharge from the Marine Corps by reason of misconduct due to a civil conviction.  On 17 December 1973, you were discharged from the Marine Corps with an other than honorable characterization of service. 
 
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 were suffering from PTSD during your service.  The AO noted that there is no information in your military service record to indicate any mental health disorder or condition, there is no evidence to attribute your misconduct to any major mental health condition, and there is no evidence linking post-service mental health conditions and your military misconduct.  The AO opined that based on the available evidence, there is insufficient evidence of a mental health condition during your military service to attribute your misconduct to a mental health condition. 
 
The Board carefully weighed all potentially mitigating factors, such as your record of service and desire to upgrade your discharge.  The Board also considered your assertions that the Marine Corps waited almost one year to finalize your discharge, making you a deserter when they knew you were incarcerated; that you had no legal representation to explain anything, and that you were only 17 years of age.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in your NJP, conviction by civil authorities, and subsequent incarceration for very serious offenses.  Further, the Board concurred with the AO, that based on the available evidence, there is insufficient evidence of a mental health condition during your military service to attribute your misconduct to a mental health condition. 
 
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, 
                                                                           
7/7/2020