DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2072-19 Ref: Signature date Dear : This letter 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 with respect to your request to upgrade your characterization of service 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 15 July 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, . The Board also requested, and considered, an advisory opinion (AO) provided by a medical doctor. You enlisted in the Marine Corps on 15 February 1984. On 21 March 1984, you received nonjudicial punishment for unauthorized absence. On 22 March 1984, you were referred to the mental health unit due to suicidal ideation, where you were diagnosed with immature personality traits. On 2 April 1984, you were discharged with an Entry Level Separation. The Board carefully weighed all of your contentions and all potentially mitigating factors, including that you contend you were denied your right to finish basic training becasue you believe you were not given a proper psychological assessment. Your contention was fully and carefully considered by the Board in light of the Secretary of Defense’s memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder,” of 3 September 2014 and the “Clarifying Guidance to Military Discharge Review Board 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,” memorandum of 25 August 2017. In reviewing your case, the Board requested an AO to evaluate your claim. The AO was based on the review of all available records. You have previously been provided a copy of the AO. According to the AO, Petitioner has submitted no information that he had any signs or symptoms of a mental health condition during his military service. He was appropriately psychiatrically evaluated during his brief period at MCRD following threats of suicide, but was not found to have a diagnosable mental health condition. However, given his failure to adapt to the military environment and active suicidal ideation, he was recommended for expeditious administrative separation for continued risk of self-harm. Additional information, such as medical records containing a diagnosis of a mental health condition associated with his military service and linked to his military misconduct is required to render an alternate opinion. Should the Petitioner choose to submit additional clinical information, it will be reviewed in the context of his claims. The AO concluded by stating that, “at this time, based on the available evidence, it is my considered opinion that there is insufficient evidence of a mental health condition attributable to Petitioner’s military service, or that his in-service misconduct could be attributable to a mental health condition.” After careful consideration of your contentions, including the AO described above, the Board did not find evidence of an error or injustice that warrants upgrading your characterization. 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.