Docket No: 6337-19 Ref: Signature Date Dear This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 16 November 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 22 October 2020, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 12 December 1973. On 2 June 1975, you received nonjudicial punishment (NJP) for sleeping on post. On 6 August 1975, you were, convicted by special court-martial (SPCM) of failing to be at your appointed place of duty and larceny. You were sentenced to confinement at hard labor, forfeiture of pay, a reduction in paygrade, and a bad conduct discharge (BCD). However, on 16 July 1975, the convening authority suspended a portion of your confinement at hard labor, forfeitures and BCD for a period of six months. On 26 March 1976, you submitted a written request for an undesirable discharge for the good of the service in order to avoid trial by court-martial for being disrespectful in language to an officer. 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 28 April 1976, you received an other than honorable discharge (OTH) 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. 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 reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you was suffering from a mental health condition during your service. The AO noted that although you carry a post-discharge diagnosis of PTSD, the preponderance of available objective evidence fails to establish you suffered from PTSD at the time of your military service, or your in-service 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 suffering from mental health then and now, and that the Department of Veteran’s Affairs considers your discharge as dishonorable. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your misconduct, which resulted in a NJP and SPCM conviction, the referral of charges to a court-martial and your request for discharge. The Board believed that considerable clemency was extended to you when your request for discharge was approved. Further, the Board concurred with the AO’s statement that the preponderance of available objective evidence fails to establish you suffered from PTSD at the time of your military service, or your in-service misconduct could be attributed to PTSD or other mental health conditions. In reviewing your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018). Accordingly, the Board considered and acknowledged your positive contributions to the Marine Corps. However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 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, 1/13/2021 Executive Director