DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1348-19 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. 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 2 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, and applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion (AO) furnished by a mental health professional dated 26 November 2019, which was previously provided to you. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. On 16 June 1971, you reenlisted in the Marine Corps after serving over seven years of honorable service. On 29 July 1971, you were, convicted by civil authorities of driving under the influence of alcohol. On 19 February 1975, you received non-judicial punishment (NJP) for a brief period of unauthorized absence (UA). On 25 April 1976, you were warned that continued substandard performance could result in being recommended for a reduction in paygrade. On 7 May 1976, you received NJP for a brief period of UA. On 23 September 1977, your driving privileges were revoked for transportation and contraband (drugs), onboard a Federal Reservation, specifically for selling marijuana from a vehicle. On 11 January 1978, you were convicted by general court-martial (GCM) for five specifications of wrongful possession of marijuana, two specifications of the wrongful sale of marijuana, transfer of marijuana, possession of a 12-gauge shotgun, and 5­inch hunting knife in the barracks. You were, sentenced to a reduction in paygrade, a period of confinement, which, was deferred for 12 months, a forfeiture of pay, and a bad conduct discharge (BCD). You received your BCD on 5 October 1979. 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 MilitaryBoards 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 ReviewBoards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” A mental health professional reviewed your request for correction of your record and provided the Board with an AO regarding your assertion that you were suffering from PTSD during your service. The AO noted that in your personal statement, you stated you believed the record was in error due to “undiagnosed PTSD as a result of serving 4 years in wartime.” The AO also noted that a review of available service medical records failed to reveal any entries indicating that you suffered from depression, anxiety, or other psychological conditions during your military service. The AO stated that you did not submit additional documentation or evidence to support your claim of PTSD. The AO opined that there is insufficient evidence of a mental health condition during military service that may have mitigated your misconduct. The Board carefully weighed all potentially mitigating factors, such as your record of service, participation in Counter Insurgency Operations in Vietnam, and desire to upgrade your discharge. The Board also considered your assertion of having undiagnosed PTSD, as a result of serving four years in wartime, and that you believe you might qualify for Veterans benefits. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in a civil conviction, two NJPs, and conviction by GCM of very serious offenses. Further, the Board concurred with the AO, that there is insufficient evidence of a mental health condition during military service that may have mitigated your misconduct. 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,