DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1294-19 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 that 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 9 June 2020. 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion (AO) furnished by a mental health professional dated 10 December 2019, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 7 January 1972. During the period from 28 March to 24 July 1973, you received three nonjudicial punishments (NJPs) for two periods of unauthorized absence (UA) totaling eight days, being absent from your appointed place of duty, and failure to go to your appointed place of duty. On 26 June 1973, you were informed that if your conduct did not improve within a reasonable period of time that you would be subject to an undesirable discharge due to frequent involvement with military authorities. During the period from 7 August to 12 September 1973, you received three additional NJPs for two instances of failing to go to your appointed place of duty, breaking restriction, and three days of UA. On 27 December 1973, you were convicted by special court-martial (SPCM) of six days of UA, and possession of marijuana. You were sentenced to a forfeiture of pay, confinement at hard labor, and a bad conduct discharge (BCD). On 3 April 1974, you were convicted by SPCM of possession of marijuana, and a fourteen day UA. You received your BCD on 7 January 1975. You request an upgrade of your characterization of service on the basis that you suffered from a mental health condition during your military service. 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 Boa A mental health professional further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion you were suffering from a mental health condition. In your his personal statement, you attributed your psychological issues to being “young and foolish” and dealingwith your failing marriage, due to your wife’s infidelities, during your enlistment. The AO notes that a review of available service records failed to reveal any entries indicating you suffered from depression, anxiety, or other psychological conditions during your military service. The AO also noted that on 3 January 1975, the MCB Camp Pendleton Psychologist reviewed your psychiatric history and stated he “…found no overt evidence of psychosis. Hospitalization is not recommended. There are no counter indications to any action deemed appropriate by the courts.” The AO states that there is no information in your military service record that you were, diagnosed with a mental health condition in-service and that there were no other available medical records for review. The AO concluded that there is insufficient evidence of a diagnosed mental health condition attributable to your military service that may have mitigated the misconduct that led to your bad conduct discharge. The Board carefully weighed all potentially mitigating factors, such as your record of service and desire to upgrade your discharge. The Board also considered your assertions that you were going through family trauma at the time, you were not yourself, and you tried to explain to your Master Gunnery Sergeant before any problems occurred. Additionally, you contend that you were traumatized mentally by your wife, who was not faithful in your marriage, and you were young and foolish. The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your misconduct, which resulted in six NJPs, and two SPCM convictions. Further, the Board concurred with the AO’s statement that there is insufficient evidence of a diagnosed mental health condition attributable to your military service that may have mitigated the misconduct that led to your bad conduct 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. Sincerely,