Docket No. 4944-19
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 9 October 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 24 August 2020, which was previously provided to you. 
  
You enlisted in the Marine Corps and began a period of active duty on 19 December 1979.  On 8 October 1980, you were convicted by special court-martial (SPCM) of 141 days of unauthorized absence (UA).  You were sentenced to confinement at hard labor and a forfeiture of pay.  On 28 April 1981, you began a period of UA that lasted 867 days, ending with your apprehension by civil authorities on 12 September 1983.  On 13 December 1983, you submitted a written request for an undesirable discharge for the good of the service in order to avoid trial by court-martial for 867 days of unauthorized absence.  Prior to submitting this request for discharge, you conferred with a qualified military lawyer, were advised of your rights, and warned of the probable adverse consequences of accepting such a discharge.  Subsequently, your request for discharge was granted, and on 22 September 1983, you received an other than honorable discharge in lieu of trial by court-martial.  As a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of a punitive discharge and confinement at hard labor.  
  
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.  As detailed in the AO, the mental health professional opined that there is insufficient evidence that your post-discharge diagnoses of PTSD and other mental health conditions can be attributed to your military service, or that your misconduct could be attributed to PTSD or other mental health conditions.    
  
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 misdiagnosed by medical staff when you enlisted, and that you discovered your functional limitation imposed by your conditions which are Bipolar 1, Depressed with Psychotic, PTSD, Separation and Panic disorder.  The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given the misconduct detailed in your service record.  Further, the Board concurred with the AO’s statement that there is insufficient evidence that your post-discharge diagnoses of PTSD, and other mental health conditions, can be attributed to your military service, or that your misconduct could be attributed to PTSD or other mental health conditions.    
  
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,