DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 11509-19  
 
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 15 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 1 February 2021, which was previously provided to you, and your rebuttal statement dated 11 March 2021. 

You enlisted in the Marine Corps and began a period of active duty on 26 November 2001. On 29 August 2002, you received nonjudicial punishment (NJP) for wrongful use of marijuana. You received a reduction in paygrade, a forfeiture of pay, restriction and extra duty. On 19 September 2001, you were notified of administrative discharge action by reason of misconduct due to drug abuse. After being advised of your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board. On 25 September 2002, your case was forwarded to the separation authority with the recommendation that you be separated from the Marine Corps due to your illegal drug use. At that time, your commanding officer stated that you had expressed your desire to remain on active duty and to complete your enlistment, but it was difficult to access any potential for further service. A staff judge advocate reviewed and found your case sufficient in law and fact. On 11 December 2002, the separation authority directed that you receive an other than honorable (OTH) discharge by 
reason of misconduct due to drug abuse. On 20 December 2002, you were discharged from the Marine Corps with an OTH characterization of service. 

On 19 May 2011, the Navy Discharge Review Board reviewed you characterization of service with no change. At that time, you contended that your discharge was too harsh and sought to upgrade your discharge based on your awards, decorations, proficiency and conduct marks. Further, you contended that your ability to serve was impaired by your youth, immaturity, personal problems and drinking, which led to you making a bad decision, and that you were a good, and productive citizen since your discharge 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 although you have a post-discharge diagnoses of PTSD, GAD, and Depression, the preponderance of objective evidence failed to establish that you exhibited behaviors or psychological symptoms associated with these disorders during your military service, or that your misconduct for drug abuse may be attributed to PTSD or other mental health conditions. 

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, diagnosed with PTSD, depression, anxiety, and other mental health conditions since leaving the Marine Corps and the conditions are related to your military service; and (b) your conditions started in the military but were undiagnosed and led to you making a poor decision by using marijuana. 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, outweighed these mitigating factors. Additionally, the Board concurred with the AO that although you have a post-discharge diagnoses of PTSD, GAD, and Depression, the preponderance of objective evidence failed to establish you exhibited behaviors or psychological symptoms associated with these disorders during your military service, or that your misconduct for drug abuse may be attributed to PTSD 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, 
3/19/2021