Docket No: 2790-19 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 BCNR, sitting in executive session, considered your application on 28 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 and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 20 April 2020, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 21 April 1987. On 12 August 1987, you received nonjudicial punishment (NJP) for drunk and disorderly conduct, and disobeying an order. On 4 January 1988, you were, counseled concerning an alcohol related incident, disrespect, and drunk and disorderly conduct. On 9 August 1990, you were, counseled concerning an alcohol related incident. You were warned after both counseling’s that failure to take corrective action could result in administrative discharge action. On 10 October 1990, you received NJP for drunk and disorderly conduct, and disobedience. Further, you were, counseled and warned that continued misconduct could result in administrative separation. On 10 October 1990, you were convicted by special court-martial (SPCM) of using disrespectful disrespect language, striking another Marine, two instances of assault, two instances of resisting arrest, and drunk and disorderly conduct. You were sentenced to a forfeiture of pay, confinement, and a reduction in paygrade. On 22 January 1991, you submitted a request for an other than honorable (OTH) discharge for the good of the service in lieu of trial by court-martial after being accused of unlawfully striking a Marine with your fist, resisting to be arrested, and assault by hitting a guard several times in the stomach. On 2 February 1991, your request was approved and it was directed that you receive an other than honorable (OTH) discharge. Your record shows that on 22 February 1991, you acknowledged an accepted treatment in conjunction with your discharge via the Department of Veterans Affairs. On 22 February 1991, you were discharged from the Marine Corps with an OTH characterization of service. You have requested an upgrade of your characterization of service on the basis that you suffered from Post-traumatic stress disorder (PTSD) during your military service. Your request 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. A qualified 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 PTSD during your service. The AO noted in your enlistment physical examination, you described your health as “good,” admitted using marijuana 30 times from 1983-1987, and participated in family counseling for five years secondary to an ongoing conflict with your brother. As a result of your enlistment physical revealing the counseling history, you were referred to neuropsychiatry for an evaluation to clear you for enlistment. On 19 February 1977, you were evaluated for family counseling from 1980-1985 for “family issues.” You denied ongoing psychiatric symptoms or complaints, exhibited a normal mental status examination, and were diagnosed with a “Normal Neuropsychiatric Exam” and recommended for enlistment. On your Separation Physical Examination, you stated you were in good health and denied any mental health symptoms or conditions. You were found medically qualified for separation without any consultations or further follow up noted. On 16 August 1990, you were evaluated by a substance abuse counselor following several alcohol related events incurred while awaiting court-martial. You were, diagnosed with alcohol dependence and recommended for Level III Inpatient Alcohol Rehabilitation. On 9 October 1990, you were evaluated for confinement in the brig. Your medical and mental status examinations were normal. You voiced no ongoing mental health symptoms or conditions. You were found fit for confinement. The remainder of your medical and dental record contained routine sick call and medical evaluations and procedures. You provided entries from your service record, school transcripts, and college acceptance letters. You did not provide additional clinical records or evidence related to your petition. Unfortunately, you have submitted no information demonstrating that you have a clinical diagnosis of any mental health conditions as rendered by a mental health practitioner. Additional information, such as medical records containing a diagnosis of a mental health condition associated with your military service and linked to your military misconduct is required for the Board to render an alternate opinion. Should you choose to submit additional clinical information, it will be reviewed in the context of your claims. However, at this time, based on the available evidence, there is insufficient evidence of a diagnosis of PTSD 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, desire to upgrade your discharge, alcoholism, lengthy struggle to achieve sobriety, and acceptance of full responsibility for your actions. The Board also considered your assertions of inadequate representation by a military lawyer, violation of double jeopardy, and unfair prosecution. Additionally, the Board considered your contention that you were talked into a deal that was not in your best interest, and that your behavior was a result of your inability to cope with the anger and shame of your PTSD from childhood trauma. The Board concluded these factors and assertions were not sufficient to warrant the recharacterization of your discharge given the misconduct that resulted in NJP and a SPCM conviction, and the fact that you were counseled on more than one occasion of the consequences of further misconduct. Further, the Board concurred with the AO’s statement that there is insufficient evidence of a diagnosis of PTSD 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 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,