Docket No: 7005-19 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. In addition, the Board considered the 23 May 2020 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. On 5 December 1983, you reenlisted in the Marine Corps after serving three years of honorable service. On 11 April 1984, you received nonjudicial punishment (NJP) for wrongful use of marijuana. Additionally, you were counseled concerning your use of marijuana. On 17 January 1985, you were counseled concerning you exceeding height and weight standards. On 12 February1985, you received NJP for failure to go to your appointed place of duty. On 20 March 1985, you received NJP for the wrongful use of marijuana. On 2 April 1985, your commanding officer forwarded a letter requesting that you be processed for administrative discharge. On 12 April 1985, you received NJP for wrongful use of marijuana. On 11 July 1985, you were counseled concerning an alcohol related incident. On 10 October 1985, you received your fourth NJP for marijuana use. On 11 October 1985, you were notified that you were being processed for administrative discharge. After being afforded your procedural rights, you waived your right to request to have your case heard before an administrative discharge board. On 18 October 1985, your case was forwarded to the separation authority recommending your expeditious separation from the Marine Corps with an other than honorable (OTH) discharge for misconduct due to drug abuse. On 29 October 1985, a Staff Judge Advocate reviewed and found your case to be sufficient in law and fact, and on 31 October 1985, the separation authority directed that you receive an OTH discharge due to drug abuse. On 4 December 1985, you were discharged from the Marine Corps with an OTH characterization of service due to drug abuse. 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 Military Discharge 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. The AO noted that your in-service and post-discharge records did not contain any evidence of an in-service mental health condition or an ongoing post-discharge mental health condition. The AO concluded that based on the available evidence, there is insufficient evidence to corroborate an in-service mental health condition that may have mitigated your misconduct. The Board carefully weighed all potentially mitigating factors, such as your record of service; your recent loss of a kidney to cancer; your hope that the Board finds in your favor, so you can receive disability; and your desire to upgrade your discharge. The Board also considered your assertions that something happened to you during your second enlistment that you kept buried for 34 years and your need to let someone know what happened. Additionally, the Board considered that you were subjected to repeated threats and physical assaults due to being misidentified as a “narc” by other Marines who were being processed out of the Marine Corps for misconduct due to drug use. The Board concluded these factors and assertions were not sufficient to warrant an upgrade in the characterization of your discharge given your misconduct, which resulted in five NJPs, four of which involved wrongful drug use, and the fact that you were counseled concerning the use of drugs and warned of the consequences of further drug involvement. Further, the Board concurred with the AO that there is insufficient evidence to corroborate an in-service mental health condition that may have mitigated your misconduct. 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 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,