Docket No: 5907-19 
Ref: Signature date 
 
 
Dear Mr. : 
 
This letter is in reference to your application for correction of your naval record, filed 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 with respect to your request to upgrade your characterization of service was insufficient to establish the existence of probable material error or injustice.  Consequently, the application has been denied.     
 
Although the application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 19 August 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 the 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 on 25 July 1979.  On 22 January 1982, you received nonjudicial punishment for failing to obey a lawful order.  On 3 May 1982, you were counseled for conduct unbecoming of a noncommissioned officer.  On 2 August 1982, you were brought to an emergency room due to your overuse of alcohol and you were diagnosed with alcohol abuse and a conduct disorder.  On 4 August 1982, you were counseled for destroying a bulkhead in a bachelor enlisted quarters.  On 9 August 1982, you were counseled for disorderly conduct which involved alcohol abuse.  On 22 September 1982, you were pulled over while driving on a base and charged with driving under the influence of alcohol (.19 BAC), and a search found a small bag of marijuana.  On 6 October 1982, you received nonjudicial punishment for attempted assault of a lance corporal and drunk and disorderly conduct.  On 8 October 1982, you acknowledged in writing that you refused treatment for drug use.  You were provided written notification that you were being processed for administrative separation, and you waived your right to an administrative discharge board.  On 2 November 1982, you were discharged from the Marine Corps with an other than honorable characterization of service. 
 
The Board noted that your application for correction raises a potential issue of mental health conditions during your military service.  In a communication dated 29 August 2019, you were asked to provide additional medical or clinical evidence to support your claim.  When you did not provide additional evidence, your case was re-opened and processed for consideration by the Board. 
 
The Board carefully weighed all of your contentions as well as all potentially mitigating factors.  In your petition, you contend that you were suffering from a mental condition when you were in the Marine Corps and that you were self-medicating.  The Board carefully considered your contention and noted that your record does not contain evidence of a diagnosed mental condition, nor did you provide evidence of same.  After complete review of all available records as well as your submission, the Board did not find evidence of any error or injustice that warrants upgrading your characterization of 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 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,