Docket No: 1206-19 Ref: Signature date Dear This letter 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 that 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 14 November 2019. 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, applicable statutes, regulations, and policies, and a 25 September 2019 advisory opinion (AO) furnished by a Navy mental health professional. On 17 June 2019, the Board wrote you requesting additional medical or clinical evidence from you in support of your claim, and received no response. The AO was provided to you on 27 September 2019, and you were given 30 days in which to submit a response. When you did not provide a response, your case was submitted to the Board for consideration. You enlisted in the Marine Corps on 16 October 1997. On 5 July 2000, you received nonjudicial punishment (NJP) for damaging (“keying”) two Marines’ vehicles. On 4 October 2000, you received a second NJP for an unauthorized absence from your duties and being incapacitated for the proper performance of your duties due to wrongful previous overindulgence in intoxicating liquor. On 13 April 2001, you received a third NJP for assaulting a Marine (with a K-Bar and a broom handle), communicating a threat to a Marine, and being drunk and disorderly. Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to minor disciplinary infractions. After you were advised of, and waived, your procedural rights, your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to minor disciplinary infractions. The discharge authority approved the recommendation and directed that you be discharged with an OTH characterization of service by reason of misconduct. On 16 May 2001, you were discharged with an OTH characterization of service. Your request for an upgrade to your characterization of service was reviewed in consideration of your contention that your father’s suicide had an effect on your behavior and abuse of alcohol. 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.” As part of the Board’s review, a Navy mental health professional reviewed your request and provided the Board with an AO on 25 September 2019. The AO noted that you did not submit any medical documentation of a mental health diagnosis to corroborate your contentions. The AO further states that there is insufficient evidence to attribute your misconduct to a mental health condition. The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that your alcohol abuse problem stemmed from coping with your father’s suicide. The Board further considered your contention that as a Marine, you were “squared away and did [your] job better than anyone” but, “as a man, [you were] hurting inside and never had the opportunity to talk about it, grieve it, or try to make sense of it.” The Board also considered your remorse and your desire to “move forward with your life now.” However, the Board concurred with the AO and determined that there is insufficient evidence to support a finding that a mental health condition contributed to or mitigated your misconduct. Accordingly, the Board found no evidence of probable material error or injustice in the discharge. 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.