DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2159-19 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. 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. A three-member panel of the Board, sitting in executive session, considered your application on 10 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. In addition, the Board considered the 10 February 2020 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 11 January 1988. On 13 January 1988, you were interviewed and identified as a fraudulent enlistee due to your concealment of pre-service drug involvement. On 20 January 1988, the separation authority directed that you receive an entry-level separation (ELS) due to fraudulent enlistment. On 21 January 1988, you were discharged. Your original service record was incomplete and did not contain any documentation pertaining to your separation from the Marine Corps. The Board noted that you provided no evidence to support your contentions. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. 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 you were suffering from a mental health condition. The AO noted that on your enlistment physical examination, you reported marijuana use two years prior to enlistment, but denied any other mental health history. A review of available service and medical records failed to show any evidence of pre-existing mental health conditions or prior waiver for marijuana use. You have submitted no information that you had a clinical diagnosis of any mental health conditions as rendered by a mental health practitioner or evidence of a medical waiver for marijuana use pre-service. Based on the available evidence, the AO concluded that there is insufficient evidence of a mental health 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 ELS was unjust and ruled in error because at the time of discharge, you were not allowed to go in front of a review board, were dealing with anxiety and depression due to your pending separation, and that you admitted to prior drug use and received a drug waiver. The Board noted that an administrative discharge board in not required for an ELS. The Board concurred with the AO that a review of your record revealed no evidence of a medical waiver for pre-service marijuana use. The Board also concurred that there is insufficient evidence of a mental health condition attributable to your military service that may have mitigated your misconduct. The Board concluded that there is no evidence of an error or injustice in your discharge that warrants a change in the characterization of your service. 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.