DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 827-19 Ref: Signature Date Dear This is in reference to your application of 19 December 2018 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 12 May 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 Navy mental health professional dated 27 September 2019, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 8 June 1979. On 8 August 1980, you received non-judicial punishment (NJP) for dereliction in the performance of your duties as an assistant non-commissioned officer, by relieving a fire-watch and not posting the next watch. On 5 May and 10 September 1981, you were convicted by summary court-martial (SCM) of three periods of unauthorized absence (UA) totaling 50 days, and disobeying an order. On 22 September 1981, your commanding officer forwarded a recommendation to the separation authority, that you be separated from the Marine Corps due to your frequent involvement with military authorities, with an other than honorable (OTH) discharge. On 23 September 1981, you were notified of administrative discharge action for misconduct due to your frequent involvement with military authorities. After being afforded your procedural rights, you elected to waive your right to present your case to an administrative discharge board. On 2 October 1981, a staff judge advocate reviewed your case and found it to be sufficient in law and fact. On 6 October 1981, you were discharged from the Marine Corps with an OTH characterization of 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 mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from PTSD during your service. The AO noted you that you were, discharged in October 1981 and did not report any mental health difficulties in your separation physical. The AO noted that you did not provide any additional records for review. The AO concluded that there is insufficient evidence to attribute your misconduct to a mental health condition suffered during military service. The Board carefully weighed all potentially mitigating factors in your case, including your record of service and desire to upgrade your discharge. The Board also considered your assertions that you were suffering from anxiety and PTSD. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service, given your misconduct that resulted in NJP, and convictions by SCM. Further, the Board concurred with the AO’s statement that there is insufficient evidence to attribute your misconduct to a mental health condition suffered during military service. 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 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, 6/26/2020