Docket No: 3438-19 
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 issue(s) 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 BCNR, sitting in executive session, considered your application on 24 August 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 28 May 2020, which was previously provided to you. 
  
You enlisted in the Marine Corps and began a period of active duty on 9 March 1998.  On 6 April 1998, you were evaluated and diagnosed with a Borderline Personality.  On 9 April 1998, you were notified of administrative discharge action due to your failure to adapt to the Marine Corps environment.  On 13 April 1998, your case was forwarded to the separation authority with the recommendation that you receive an entry-level separation (ELS) from the Marine Corps.  The separation authority concurred and directed that you receive an ELS.  On 15 April 1998, you received and uncharacterized ELS due to Entry-Level Performance and Conduct.   
 
With regard to your contention, the Board noted that you were notified of your separation process within 180 days of the beginning of your period of active service.  Marine Corps directives authorize an uncharacterized ELS if the processing of a Marine’s separation begins within 180 days of active duty.   
  
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 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 a mental health condition.  As detailed in the AO, the mental health professional opined that although you presented post-discharge clinical records containing mental health diagnoses in existence twenty-one years after discharge, there is no history of when these conditions began or of any association with your five weeks of military service.  Additional evidence, such as medical records containing a diagnosis of a mental health condition associated with your military service, and linked to your failure to adapt to the Marine Corps environment is required to render an alternate opinion.  Should you choose to submit additional clinical information, it will be reviewed in the context of your claims.  Accordingly, the Board determined that based on the available evidence, your ELS was appropriate for the circumstances associated with your failure to adapt to the Marine Corps environment.   
 
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 you need an upgrade in order to receive the care and help you need for the treatment of your condition (“white matter disease which is slowing my mind down”).  You contended, “[i]f the military correctly discharged me with a medical condition due to my mental condition, then I would be able to get the treatment I desperately need.”  The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your medical diagnoses and failure to adapt to the Marine Corps environment.  The Board noted that you were notified of your separation process within 180 days of the beginning of your period of active service.  Marine Corps directives authorize an uncharacterized ELS if the processing of a Marine’s separation begins within 180 days of active duty.  Further, the Board concurred with the AO’s statement that, there is insufficient evidence of a mental health condition attributable to your military service that may have mitigated your failure to adapt to the Marine Corps environment. 
 
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,