Docket No: 2297-19 
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 18 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, including the Veterans Intake Form you provided, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.  The Board also requested, and considered, a 10 March 2020 advisory opinion (AO) provided by a medical doctor. 
 
You enlisted in the Marine Corps on 23 October 1989.  On 1 March 1993, you commenced a period of unauthorized absence in excess of thirty days.  On 14 April 1993, you were arrested by civilian authorities for uttering worthless checks and received a sentence of probation, among other things, on 21 April 1993.  You then requested a discharge for the good of the service in lieu of trial by court-martial and you were discharged on 17 May 1993 with an other than honorable characterization of service. 
 
The Board carefully weighed all potentially mitigating factors, including that you had become depressed when you returned from Desert Storm after learning of your wife’s infidelity.  You became depressed and turned to alcohol to numb the depression.  You felt that your chain of command was not providing the assistance that you needed and you ultimately hit bottom and ran away for over thirty days.  The Board requested an AO on your case to evaluate your claim.  You did not submit any additional material, and 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, 
 
Though Petitioner’s narrative indicates emotional distress during his military career, it was primarily due to relationship problems and disappointment in the support he feels his chain of command provided him.  The in-service and post-discharge clinical records do not indicate the service member suffered from a diagnosable mental health condition during his military service.  His misconduct appears to have arisen from bad decisions made in the context of his marital and occupational stressors, not from a separate mental health condition. 
 
The AO concluded by stating that “based on the available evidence, it is my considered opinion that there is insufficient evidence that Petitioner suffered from a mental health condition during his military service or that his misconduct could be attributed to a mental health condition.” 
 
After careful consideration of your contentions, as well as all of the documentary material described above, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of 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. 
 
                                          Sincerely,