DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1674-19 Ref: Signature Date Dear : This letter is in reference to your reconsideration request received on 4 February 2019. You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved. Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application. Your current request has been carefully examined by a three-member panel of the Board, sitting in executive session on 10 July 2020. The names and votes of the members of the panel will be furnished upon request. Documentary material considered by the Board consisted of your application and all material submitted in support of your application. In addition, the Board considered the advisory opinion (AO) furnished by a Navy mental health professional, dated 19 February 2020, which was previously provided to you. As new evidence, you submitted a statement in which you assert that the officer over your administrative discharge hearing was biased against you and had stated previously that he could not wait for me to mess up, so that he could kick me out. You faced problems and harassment from day one with this officer, and you were repeatedly cut off during your defense at the administrative hearing and told that he knew that it was “just a matter of time.” You also explain that you broke restriction from your nonjudicial punishment to be at the side of your best friend and fellow Marine who was in a motor vehicle accident in and was admitted to a hospital with severe head trauma. He had killed a national in the accident and eventually died from his head wounds. You believe that “my service should stand for something…I admit that I made a few mistakes, but who doesn’t when you are a young 21 year-old overseas.” You reveal that your separation from the Marine Corps was devastating and led to a life of depression, trouble, and instability. You desire to seek assistance from the Veterans Administration once you are released from your current incarceration. 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 Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” A Navy mental health professional further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from a mental health condition during your service. A review of available service records revealed you denied any history of substance abuse or mental health conditions on both your enlistment and separation physical examinations. You presented no additional in-service or post-service clinical records or other evidence for consideration that you experienced any mental health symptoms or conditions, nor any clinical diagnosis of any mental health conditions as rendered by a mental health practitioner. Based on the available evidence, there is insufficient evidence of a mental health condition attributable to your military service that may have mitigated your misconduct. The Board concurred with the AO. Furthermore, the Board noted that you submitted no evidence to support your contentions. After careful and conscientious consideration of the entire record, the Board determined that the new evidence you provided, even though not previously considered by the Board, was insufficient to establish the existence of probable material error or injustice warranting an upgrade in the characterization of your service. It is regretted that the circumstances of your reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 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,