Docket No: 11681-19 
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 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 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 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, including the Kurta 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 requested and reviewed a 1 February 2021 Advisory Opinion (AO) from a mental health professional. 
 
You enlisted in the Marine Corps on 6 November 1991.  On 14 July 1992, you were medically diagnosed with cocaine dependency disorder and a personality disorder.  On 23 July 1992, you were notified of the initiation of administrative separation processing, and your rights therewith.  You waived your right to an administrative discharge board.  On 23 July 1992, your commanding officer recommended that you be separated with an other than honorable characterization of service.  On 20 August 1992, your commanding general recommended to the Commandant of the Marine Corps that you be separated with an other than honorable characterization of service, and on 1 September 1992, you were so separated. 
 
In your petition, you have requested that your discharge be upgraded such that you can receive medical benefits.  You stated that you suffered from deep depression and that you made bad choices, including drug abuse and a suicide attempt.  In connection with your assertion that you suffered from a mental health condition, the Board sought the 1 February 2021 AO, which found as follows: 
 
Petitioner’s in-service personnel and medical records contained diagnoses of Personality Disorder and Cocaine Dependence. Multiple outpatient mental health encounters and inpatient psychiatric admission did not indicate additional mental health conditions such as depression. 
 
Petitioner did not submit in-service or post-discharge clinical evidence of any other mental health conditions affecting his service and misconduct. Throughout his military service, mental health appointments/hospitalization, medical evaluation for substance abuse, or throughout his disciplinary actions and administrative processing, there were no additional mental health issues observed to warrant referral for additional mental health treatment. 
 
The AO thus concluded, “based on the available objective evidence, it is my considered medical opinion that there is insufficient evidence of any mental health condition, other than the diagnosed Personality Disorder and Substance Abuse, at the time of Petitioner's enlistment attributable to Petitioner’s military service that may have mitigated Petitioner’s misconduct.”   
 
Based in part on the foregoing AO, and given the totality of the circumstances, including your drug use while you were in service, the Board determined that your request does not merit relief.  With respect to your request concerning medical benefits, please note that the Department of Veterans’ Affairs, and not this Board, makes its own determination as to your eligibility for medical benefits. 
 
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,