Docket No:  3843-19 
Ref: Signature Date 
                          
MR
   
 
Dear Mr. : 
 
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  
16 September 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 9 July 2020, which was previously provided to you. 
  
You enlisted in the Marine Corps and began a period of active duty on 13 September 1985.  On  
19 December 1989, you were convicted by summary court-martial of unlawfully hitting, choking and pushing another Marine and two specifications of communicating a threat.  On 27 September 1990, you received nonjudicial punishment (NJP) for uttering a worthless check with insufficient funds.  Additionally, you were counseled and warned that failure to maintain your checking account could result in administrative discharge action.  On 15 August 1991, you were convicted by general court-martial (GCM) of uttering checks with intent to defraud totaling over $4,000 and communicating a threat.  You were sentenced to confinement, a reduction in paygrade and a dishonorable discharge.  On 8 March 1994, you were discharged from the Marine Corps with a dishonorable characterization of service. 
   
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 set forth in detail in the AO, the mental health professional opined that there is insufficient evidence that you experienced a mental health condition during your military service, or that your in-service misconduct could be attributed to a mental health condition.  
 
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 had a  
mental problem before you joined the Marine Corps, you never received the mental help that you needed, and that some Marines did way worse things than you did, but did not receive a dishonorable discharge.  The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your misconduct, which resulted in your SCM, NJP, the fact that you were warned of the consequences of further misconduct, after your NJP, and conviction by GCM.  Further, the Board concurred with the AO’s statement that there is insufficient evidence you experienced a mental health condition during your military service, or that your in-service misconduct could be attributed to a mental health condition.  
 
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,