DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No. 7042-19 
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 for Correction of Naval Records, sitting in executive session, considered your application on 7 November 2019. 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.

A review of your record shows you entered active duty with the Marine Corps in May 2017. On 12 December 2017, you were counselled for leaving the barracks without signing out with the Staff Duty Officer. On 14 March 2018, you were counselled for violation of the Marine Corps tattoo policy. On 20 March 2018, non-judicial punishment was imposed on you for an orders violation involving underage consumption of alcohol. After you were counselled for possession of alcohol on 12 April 2018, non-judicial punishment was again imposed on you for unauthorized absence on 21 May 2018. Based on your pattern of misconduct, you were notified of administrative separation processing on 22 May 2018 resulting in your discharge with an Other than Honorable characterization of service on 6 June 2018. Post-discharge, the Department of Veterans Affairs (VA) rated you for post-traumatic stress disorder (PTSD) based on claims of military sexual trauma associated with sexual harassment.

The Board carefully considered your arguments that you deserve an upgrade to your characterization of service based on assaults that occurred while on active duty. You assert the assaults led you to consume alcohol and formed the basis of your misconduct.  Unfortunately, the Board disagreed with your rationale for relief. Even after applying liberal consideration to the circumstances of your case, the Board concluded it lacked evidence to support an upgrade to your characterization of service.  Specifically, the Board noted a lack of evidence in your record or application that discussed the specifics of a sexual assault and contradictions contained in your VA record which indicate your PTSD diagnosis was based on trauma suffer due to sexual harassment vice assaults.  Therefore, despite your mental health diagnosis and the application of liberal consideration in your case, the Board reached the conclusion that it lacked evidence to find a nexus between your misconduct and your mental health condition.  The Board also noted in your VA record that you likely entered the Marine Corps with a mental health condition.  In the Board’s opinion, this substantially reduced any injustice that existed in your case since your mental health condition, more likely than not, was not caused by the sexual harassment you allege occurred in the military.  Based on these findings, the Board determined that your characterization of service remains appropriate.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.

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.