DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0411-19 Ref: Signature Date 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 Board, sitting in executive session, considered your application on 12 May 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the 26 September 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 2 April 1979. During the period from 25 March 1980 to 21 August 1981, you received four nonjudicial punishments (NJPs) for unauthorized absence, possession of a marijuana cigarette, wearing utilities off base to a place-not your home, disobeying a lawful order to remove an unauthorized icebox from your bachelor enlisted quarters (BEQ), and possession of beer in the BEQ. On 15 January 1982, you were convicted by summary court-martial (SCM) of two specifications of assault and consuming alcohol on a government bus. On 6 April 1982, you were, notified of administrative discharge action for misconduct due to frequent involvement with military authorities. After being afforded your procedural rights, you elected to waive your right to request that your case be heard by an administrative discharge board. Your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) discharge. On 23 April 1982, a staff judge advocate (SJA) found that your case was sufficient in law and fact. In addition, the SJA’s letter mentioned that on 8 April 1982, marijuana and marijuana smoking devices were found in your room located in the BEQ. The separation authority concurred with the recommendation, and on 3 May 1982, you were separated from the Marine Corps with an OTH 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 MilitaryDischarge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” A Navy mental health professional further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from a mental health condition during your military service. The AO noted that you denied any mental health symptoms in your discharge physical, and you submitted no medical evidence of a diagnosis of a mental health condition. The AO concluded that there is insufficient evidence to attribute your misconduct to a mental health condition incurred during military service. The Board carefully weighed all potentially mitigating factors, such as your record of service and you desire to upgrade your discharge. The Board considered your assertions that you excelled during boot camp and graduated as the squad leader, went to infantry training school, and was meritoriously promoted to lance corporal. The Board also considered that you were sent to as your duty station, but then you were detailed to Mt. ; and that on your birthday, a typhoon hit mainland , 13 Marines from weapons company died in a fire, and 56 people were medevaced to with over 90% of their bodies burned. This event caused you not to be able to sleep, so you would drink to get to sleep. After this event, your attitude changed, and you started to get into trouble. You would be easily angered and would engage in altercations. You were a mess and still are today. The Board concluded these factors and assertions were not sufficient to warrant an upgrade in the characterization of your service given your misconduct, which resulted in a SCM conviction and four NJPs, one of which was for wrongful possession of drugs. Further, the Board concurred with the AO that there is insufficient evidence to attribute your misconduct to a mental health condition incurred during military service. 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 the 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,