DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7150-19 Ref: Signature Date Dear Mr.: 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. The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. A three-member panel of the BCNR, sitting in executive session, considered your application on 14 December 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 2 November 2020, which was previously provided to you, and your rebuttal letter dated 18 November 2020. You enlisted in the Marine Corps Reserve and began a period of active duty on 22 January 1991, participating in Operation Desert Storm. You were released from active duty on 3 May 1991 and transferred back to the Marine Corps Reserve. On 15 September 1992, you were notified of administrative discharge action due to unsatisfactory participation in the Ready Reserve. At that time, you had 10 unexcused absences from regularly scheduled drills. After being afforded your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board. On 3 October 1992, your case was forwarded to the separation authority stating, in part, that you had been a member of the unit since 16 October 1990. In the Notification letter, your Commanding Officer (CO) noted that your problems began in September 1991, when you failed to show up for any of your required scheduled drills, and your attendance record was unsatisfactory since that date. According to your CO, you showed no interest in fulfilling your obligation, several phone calls were made to you and letters sent to provide assistance, which efforts proved to be fruitless. You were administrative reduced in paygrade due to your unsatisfactory participation. On 4 November 1992, the separation authority directed that you receive an other than honorable (OTH) discharge due to your unsatisfactory participation in the Ready Reserve. On 19 November 1992, you were discharge from the Marine Corps Reserve with an OTH characterization of service. 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 based on the available evidence, the preponderance of available objective evidence does not support the contention that you suffered from a mental health condition at the time of your military service, or your in-service misconduct could be attributed to a mental health condition. The Board carefully weighed all potentially mitigating factors, such as your record of service, personal statement, character letters, and desire to upgrade your discharge. The Board also considered your assertions that you suffered from a mental health condition, your characterization of service was too harsh in your case citing current directives. Further, you were a young Marine who was suffering from depression, and in those days, young people did not seek medical treatment for depression, let alone admit they had a mental health disorder, the loss of your father changed everything, and depression, drinking and other bad things in your life caused your downward spiral. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your unsatisfactory participation in the Ready Reserve by missing unexcused absences. Further, the Board concurred with the AO’s statement that the preponderance of available objective evidence does not support the contention that you suffered from a mental health condition at the time of your military service, or your in-service misconduct could be attributed to a mental health condition. 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, 1/14/2021 Executive Director