Docket No: 5048-19 
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 Board, sitting in executive session, considered your application on 30 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 2 September 1990.  On 12 May 1981, you received nonjudicial punishment (NJP) for an unauthorized absence (UA) from firewatch on 24 April 1981 and 10 May 1981.  On 11 January 1982, you received a second NJP for a period of UA, being disrespectful to a corporal, going from your appointed place of duty, and disobeying an order to dust the top of wall lockers in the sections squad bay.  On 5 May 1982, you received a third NJP for a period of UA from 26 April 1982 to 3 May 1982.  On 12 July 1982, you were found guilty of summary court-martial (SCM) for possession of 1.2 grams of marijuana and a period of UA from 0530 to 0830 on 2 June 1982.  On 7 September 1982, you were discharged from the Marine Corps under the Marine Corps Expeditious Discharge Program, and received an other than honorable discharge and a reentry (RE) code of RE-3C. 
 
In your petition to the Board, you state you have been diagnosed with Major Depression and Post Traumatic Stress Disorder (PTSD) due to repeatedly being sexually assault at the age of 12.  You state you have been awarded Disability by Social Security Disability Insurance since 2010.  You contend that your behavior while in the Marine Corps was the direct result of your traumatic experiences and you respectfully request that your character of discharge be upgraded from an other than honorable discharge. 
 
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.” 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you were suffering from PTSD that impacted your behavior.  The Board noted that you contend that the PTSD was caused by pre-service trauma.  Even taking into account your assertion of suffering from a mental health condition, the Board found that you did not provide sufficient evidence to establish that the PTSD mitigated your misconduct under the current guidance.  The Board determined that the frequency and nature of your misconduct, as evidence by the three NJPs and the SCM conviction, supported your other than honorable discharge characterization.  The Board concluded that your current discharge does not reflect an error or injustice, and that corrective action is not warranted. 
 
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,