Docket No: 3886-19 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 17 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 23 June 2020, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 18 April 1967. On 27 October 1967, you received nonjudicial punishment (NJP) for an unauthorized absence from 20 October 1967 to 25 October 1967. On 20 December 1967, you were deployed to . On 14 August 1968, you were convicted at a general court-martial (GCM) for wrongful possession of marijuana in the barracks. You were sentenced to forfeitures of all pay and allowances, confinement at hard labor, a reduction in paygrade, and a bad conduct discharge (BCD). However, on 29 September 1968, the convening authority suspended a portion of your confinement at hard labor, and your BCD for the period of your confinement, and six months thereafter, at which time unless the suspension was sooner vacated, that portion of the sentence would had been remitted without further action. On 29 November 1968, you were notified of administrative discharge action to separate you from the Marine Corps with an undesirable discharge by reason of unfitness and the unauthorized use and possession of marijuana. After being afforded your procedural rights, you waived your right to request to have your case heard before an administrative discharge board. On 30 November 1968, your case was forwarded to the separation authority. On 16 April 1969, the separation authority approved the recommendation and directed your discharge for unfitness by reason of drug habituation and the unauthorized use and possession of marijuana. On 26 May 1969, you departed . On 5 June 1969, you were discharged from the Marine Corps with an other than honorable (OTH) characterization of service. However, on 21 August 1973, your OTH characterization of service was cancelled and superseded with an upgrade to General (under honorable conditions). You request 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 that a review of available service records did not provide any evidence of a mental health condition, but revealed chronic marijuana use. You provided several documents to include a letter from the Department of Veterans Affairs (VA) dated 1 April 2019, stating you were “a service-connected veteran who has been followed up in our clinic for treatment since 29 June 2018…for stress and anxiety.” Your in-service records provided no evidence of behavioral changes or psychological symptoms indicating a mental health condition, other than his chronic marijuana use. However, your records did indicate combat service in the Republic of South Vietnam, for approximately 17 months. The AO noted that you submitted minimal information suggesting a possible post-discharge diagnosis of PTSD and ongoing treatment through the VA in southern . The AO further noted that you have not provided any clinical records or evidence stating what your current psychiatric diagnoses are, or provided evidence linking possible post-discharge mental health conditions to your military service and misconduct. Based on the available evidence, the AO concluded by opining that there is insufficient evidence that you incurred PTSD as a result of 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 were stressed out at the time, scared, and made poor choices such as smoking weed. Additionally, you assert that you now attend PTSD classes, which has helped, and your wish you had them available to you previously. The Board concluded these factors and assertions were not sufficient to warrant re-characterization of your discharge given your misconduct, which resulted in NJP and a GCM conviction. Further, the Board concurred with the AO in that there is insufficient evidence that you incurred PTSD as a result of your military service, or that your in-service misconduct could be attributed to a mental health condition. The Board also reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo). The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records (BCM/NRs) “in determining whether relief is warranted on the basis of equity, injustice, or clemency.” The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief. However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 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,