Docket No: 3782-19 
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.     
 
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 for Correction of Naval Records, sitting in executive session, considered your application on 23 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its 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. 
 
You enlisted in the Marine Corps and began a period of active duty service on 2 April 86.  You received nonjudicial punishment (NJP) on 25 July 1986, for sleeping on post.  On 2 September 1986, you received a second NJP for bringing alcoholic beverages into the BEQ, wrongful use of provoking language, and drunk and disorderly conduct.  On 24 April 1987, you received NJP for drinking onboard a vessel, disrespectful language toward an NCO, and unauthorized absence (UA) for 4 hours.  On 11 August 1988, you received NJP for wrongfully appropriating a government decal.  On 20 April 1989, you were found guilty at summary court martial for disrespect to a commissioned officer, disrespect to a senior NCO, and wrongful possession of  
 
marijuana.  Your Commanding Officer recommended an other than honorable discharge and noted that you were involved in one incident per year and the incidents were becoming increasingly more serious.  On 12 May 1989, the Staff Judge Advocate reviewed administrative separation proceedings against you, and found them sufficient in law and fact.  You were discharged from the Marine Corp on 9 June 1989, on the basis of a pattern of misconduct and received an other than honorable characterization of service and a reentry (RE) code of RE-4. 
 
You request an upgrade to your discharge characterization from other than honorable to honorable.  You state that you were suffering from Post Traumatic Stress Disorder (PTSD) and are still received psychiatric care.  You state you were told that you were getting an other than honorable discharge but you did not really know what that meant. 
 
The Board noted that your application for correction raises a potential issue of a mental health condition during your military service.  In a communication dated 22 August 2019, you were asked to provide additional medical or clinical evidence to support your claim.  When you did not provide additional evidence, your case was re-opened and processed for consideration by the Board. 
 
The Board, in its review of your entire record and application, and carefully weighed all potentially mitigating factors, including your assertion of suffering from PTSD while you were in the military.  The Board noted that you did not provide evidence to support your contention of suffering from a mental health condition at the time of your misconduct in the Marine Corps.  In the absence of such evidence or information, the Board concluded that there was insufficient information to establish you were suffering from a mental health condition which mitigates your misconduct of four NJPs and a summary court martial conviction.  The Board concluded that your other than honorable discharge is supported by the misconduct documented by four NJPs and a summary court martial conviction, and determined that your current discharge does not reflect an error or an injustice that merits corrective action. 
 
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,