DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1499-19 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 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 20 February 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, applicable statutes, regulations, and policies, and the 8 January 2020 advisory opinion (AO) from a Navy mental health professional, which was previously provided to you. Regarding your request for a personal appearance, the Board determined a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Marine Corps on 30 December 1996. You began a period of unauthorized absence (UA) on 12 November 1997 which ended on 21 September 1998. You were convicted by special court-martial (SPCM) for the extended UA. The SPCM adjudged a bad conduct discharge (BCD), confinement, reduction in rank, and forfeiture. The BCD was subsequently approved at all levels of review, and, on 26 September 2000, you were discharged. Your request for an upgrade to your characterization of service was reviewed in consideration of your contention your “mental state was not the same and I needed treatment.” 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 8 January 2020. The AO noted that you have a current diagnosis of major depressive disorder but there is no evidence you were experiencing a mental health condition during your military service or that your UA should be attributed to a mental health condition. The AO further states there is insufficient evidence regarding your mental health history to attribute your misconduct to a mental health condition. The AO was provided to you on 9 January 2020, 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. The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that because of your mental state, for which you received treatment, the command should have granted you a medical evaluation. Specifically, you contend you were not able to get into military housing after relocating your spouse to your new duty station. Your wife decided to return home so you took leave to help her relocate back to . While there, your car was repossessed, causing a “breaking point” which resulted in you making a “wrong decision” and staying to help her after your leave expired. You contend that “once she was set, I turned myself in.” The Board also considered a letter of recommendation written by your Company First Sergeant in which he acknowledged your “excellent work ethic” and your ability to “work out your problems and give 100% hard work and labor.” The Board, however, concurred with the AO and determined there is insufficient evidence to support a finding that a mental health condition contributed to or mitigated your misconduct. The Board did not find evidence of an error or injustice that warrants changing your BCD, nor did it find that clemency was warranted given the length of your extended UA. 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.