Docket No: 11176-19 
            1814-17
Ref: Signature Date                         

Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although you did not file your application in a timely manner, the statute of limitation was waived in accordance with the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo).  A three-member panel of the Board, sitting in executive session, considered your application on 17 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 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, and applicable statutes, regulations, and policies, to include the Kurta Memo, the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo).  The Board also considered the advisory opinion (AO) furnished by a qualified mental health professional dated 31 January 2021 which was previously provided to you.   
 
The Board determined your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You entered a period of active duty in the Marine Corps on 3 May 1989.  You were in an unauthorized absence (UA) status from 6 – 10 February 1991.  On 19 March 1991 you received a counseling entry and retention warning for developing a pattern of misconduct by disobeying lawful orders of superiors, failing to pay just debts, failing to provide support for your spouse, failing to adhere to uniform regulations, consuming alcohol while underage, lack of good judgment while on liberty, involvement in the misappropriation and damage to private property, and UA.  On 17 April 1991 you submitted a written request for separation in lieu of trial by court-martial for the good of the service.  Prior to submitting the request you conferred with your military counsel and were advised that your characterization of service would be under other than honorable (OTH) conditions.  You were discharged on 2 May 1991, with an OTH character of service. 
 
In your application you contend you were involved in a long distance divorce and during that time you suffered from an unrecorded traumatic brain injury (TBI).  You state you went about your daily duties with debilitating headaches and blackouts and after your scheduled work day was over you would drink and take pain medicine just to sleep.  You further contend your command was completely aware of the domestic problems but you never received family counseling.  You contend you didn't become aware of your TBI until years later and your erratic and uncharacteristic behavior can be attributed to your TBI. 
 
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 desire to upgrade your discharge and contentions noted above.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined your conduct outweighed these mitigating factors.  The Board relied heavily on the AO that concluded the preponderance of available objective evidence failed to establish you were diagnosed with TBI or suffered from TBI at the time of your military service, or that your in-service misconduct could be attributed to TBI or other mental health conditions.  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,