Docket No:  11025-19 
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 1 March 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 26 January 2021, which was previously provided to you. 
   
On 16 January 1984, you reenlisted in the Marine Corps after serving over six years of honorable service.  On 4 February 1985, you were counseled concerning your failure to meet and maintain weight standards.  On 1 May 1985, you received nonjudicial punishment (NJP) for wrongful use of cocaine.  On 31 July 1985, you were notified of administrative discharge action for misconduct due to drug abuse.  After being afforded your procedural rights, you elected not to speak with counsel, and waived right your right to request to have your case heard before an administrative discharge board.  On 5 August 1985, your case was forwarded to the separation authority recommending that you be separated from the Marine Corps with an other than honorable (OTH) discharge.  On 16 August 1985, a staff judge advocate reviewed your case and determined it was sufficient in law and fact.  On 19 August 1985, the separation authority directed that you received an OTH discharge for misconduct due to drug abuse.  On 6 September 1985, you were discharged from the Marine Corps with an 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 was suffering from Post-Traumatic Stress Disorder (PTSD) during your service.  The AO noted that your use of cocaine is in contrast to your previous conduct in-service and is indicative of a behavioral change, which may have been the result of a mental health condition, and that there is sufficient indirect evidence your misconduct may be mitigated by your mental health condition.  
Nonetheless, the Board determined that there was insufficient support to grant the relief requested in your request. 

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 contentions that: (a) you were suffering from undiagnosed depression and anxiety; (b) after your third enlistment, your father was dying of cancer and was not expected to survive more than a few days, and you were denied leave because you were scheduled for surgery the following week; (c) your father passed three days later, and your surgery was rescheduled because of the funeral; and (d) the Corps did not offer mental health assistance as you spiraled into depression after your father’s death.  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 for wrongful drug use after serving over seven years of service outweighed these mitigating factors.  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,