Docket No: 1826-19 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. A three-member panel of the Board, sitting in executive session, considered your application on 30 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 27 December 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 27 March 1990. On 27 March 1991, you received nonjudicial punishment (NJP) for unauthorized absence (UA). Additionally, you were counseled concerning your UA by failing to go to your appointed place of duty. On 19 April 1991, you received NJP for breaking restriction. Additionally, you were counseled and warned that further misconduct could result in administrative discharge action. On 7 May 1991, you were convicted by summary court-martial (SCM) of six days of UA and breaking restriction. On 31 May 1991, you were counseled concerning your continued misconduct, and administrative discharge action was initiated to separate you from the Marine Corps due to a pattern of misconduct. On 4 June 1991, your case was forwarded to the separation authority recommending your discharge. On 8 July 1991, the separation authority directed that you receive an other than honorable (OTH) discharge due to a pattern of misconduct. On 15 July 1991, you were discharged from the Marine Corps with an OTH characterization of service. 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.” You provided a personal statement, two letters of support, and a letter from the Department of Veterans Affairs (VA) dated 2 January 2019, stating you might be eligible for mental health services from the VA if you received an OTH discharge, were on active duty for more than 100 days, and served in a combat role, or experienced sexual harassment of sexual assault while serving. You also presented your DD-214 and Certification Letter of your Military Discharge. In your personal statement, you contend the upgrade is warranted due to your in-service “alcohol obsession,” your “drinking problem” was brought to your supervisors’ attention, and “the Marines seemed to have no interest in “getting me sober.” A Navy 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. A review of available service records revealed a medical record entry dated 8 April 1991, where you were seen in sick call requesting to see psychiatry. The note stated you were seen by psychiatry in February 1991, for suicidal thoughts due to problems with a girlfriend. You were referred to a psychiatric technician for an appointment. There are no medical records available detailing the February 1991 psychiatry visit or any follow up evaluations from this April 1991 sick call visit. There were no other in-service, VA, or post-discharge mental health records available. There was no evidence of behavioral changes or conditions suggestive of a mental health condition in your military medical records or personnel records. There was no record of you or your command requesting evaluation for substance abuse or treatment. There was no evidence of substance abuse being raised as an issue during your disciplinary and administrative separation proceedings. There was no mention of any mental health or substance abuse conditions at your discharge and you were found medically qualified for discharge. The AO concluded that, based on the available evidence, there is insufficient evidence of a mental health or substance abuse condition attributable to your military service that may have mitigated your misconduct. 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 your OTH discharge did not take into consideration any of the personal problems you had while in the Marines, that your supervisors were aware of your drinking problem, and no one stepped up to offer any help, that it was just tolerated, and you were told to talk to a pastor or chaplain on base, and the Marines seemed to have no interest in getting you sober or having you stay sober throughout your time in service. The Board concluded these factors and assertions were not sufficient to warrant an upgrade to the characterization of your discharge given your misconduct, which resulted in two NJPs, SCM conviction, and the fact that you were counseled and warned of the consequences of further misconduct. Further, the Board concurred with the AO that there is insufficient evidence of a mental health or substance abuse condition attributable to your 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,