Docket No: 7716-19 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 Board, sitting in executive session, considered your application on 4 January 2021. The names and votes of the panel members 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 the 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 27 November 2020, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 19 September 1994. On 2 April 1996, you were counseled concerning your failure to be at your appointed place of duty. You were, warned that further misconduct could result in administrative discharge action. On 4 April and 16 May 1996, you received nonjudicial punishment (NJP) for two brief periods of unauthorized absence (UA), making a false official statement, feigning an illness and physical disablement, forgery, disrespect, and failure to obey an order. Additionally, you were, counseled and given retention warnings. On 6 June and 2 December 1996, you were counseled concerning your use of poor judgment, sleeping on post, performance and conduct by failing to stop at a stop sign and driving on a state suspended license, and given two additional retention warnings. On 26 March 1997, you received NJP for five days of UA, and wrongful use of marijuana. Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you received an other than honorable discharge for misconduct due to drug abuse on 11 July 1997. Your original service record was incomplete and did not contain any documentation pertaining to your separation from the Marine Corps. The Board noted that you provided no evidence to support your contentions. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. 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 Post-Traumatic Stress Disorder (PTSD) during your service. The AO noted, that additional information, such as medical records containing a diagnosis of a mental health condition associated with your military service and linked to your military misconduct is required to render an alternate opinion, and if you should choose to submit additional clinical information, it will be reviewed in the context of your claims. However, at this time, based on the available evidence, there is insufficient evidence you incurred PTSD as a result of your military service that may have mitigated your misconduct. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to: (a) your statement that you had undiagnosed PTSD, which you believe was incurred due to a physical incident that caused you a head injury; and (b) that you suffered a great deal of anxiety and depression and other mental issues, and for these reasons, you began to experiment with marijuana, which led to your discharge. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your repeated misconduct, as evidenced by your three NJPs, one of which was for wrongful drug use, and several counseling and retention warnings outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that 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,