DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 871-19 Ref: Signature Date This is in reference to your application of 16 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 19 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 qualified Navy mental health professional dated 6 November 2019, which was previously provided to you. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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. You enlisted in the Marine Corps and began a period of active duty on 15 March 1993. On 13 July 1993, you received non-judicial punishment (NJP) for dereliction of duty by leaving your post. On 5 February 1996, you received NJP for making a false official statement by logging in three Marines earlier than there actual time of arrival. On 10 September 1996, you were placed on a Weight Control Program. On 27 September 1996, your command was informed to develop, and establish a rigorous program of diet and exercise geared towards you. On 18 December 1996, you were determined to be overweight and directed to meet weight loss goals. On 21 January 1997, you were issued a special counseling concerning being placed on a weight control program, and your lack of initiative and self-discipline in meeting your goal of losing 2 ½ pounds per month as prescribed. On 7 February 1997, you were counseled concerning your failure to meet a goal of losing 2 ½ pounds per month for total of 15 pounds within a 6-month period to meet Marine Corps standards for military appearance. You were warned that failure to take corrective action could result in administrative discharge action. On 21 October 1997, you were notified of administrative discharge action due to weight control failure. After being afforded your procedural rights, you waived your right to have your case heard before an administrative discharge board. Your case was forwarded to the separation authority, and on 17 November 1997, it was directed that you be discharged from the Marine Corps with a general discharge. On 20 November 1997, you were discharged with a general 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 MilitaryBoards 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 ReviewBoards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” A 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 that a Department of Veterans Affairs (VA) Benefits Decision Letter dated 30 October 2017, states you were awarded 10% Service-Connected Overall Disability Rating, with PTSD (also claimed as depression), assigned a 10% disability rating effective 11 June 2016. The AO further noted that you have provided no medical documentation of PTSD other than the VA Benefits Decision Letter that provides only a generic description of what symptoms a 10% service connected rating for PTSD could encompass. The AO concluded that, based on the available evidence, there is insufficient evidence to attribute your misconduct and weight control failure to PTSD. 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 while serving as a Marine Security Guard, you endured stressful, life-threating situations that resulted in uncharacteristic behavior. You believe you served honorably, continue to fight for veteran’s rights, volunteer in your local community with veteran-based organizations, and do not understand why you were not award an honorable discharge. The Board concluded that these factors and assertions were not sufficient to warrant changing your narrative reason for your discharge, given your misconduct that resulted in two NJPs, and conviction by SCM. Further, the Board concurred with the AO’s statement that there is insufficient evidence that your misconduct should be attributed 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.