DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 874-19 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, 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the 11 December 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 27 September 1972. On 12 March 1974, you were convicted by special court-martial (SPCM) of three specification of unauthorized absence (UA) totaling 430 days. You were sentenced to confinement at hard labor, a forfeiture of pay, and a bad conduct discharge. You received your BCD on 16 November 1974. You request an upgrade of your characterization of service on the basis that you suffered from a mental health condition during your military 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 Navy mental health professional (MHP) further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from a mental health condition. The MHP found no evidence of any mental health symptoms or conditions in your available service records, and you submitted none, therefore, the MHP concluded that there is insufficient evidence to attribute your misconduct to a mental health condition that existed during your military service. The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to upgrade your discharge. The Board considered your assertions that you went AWOL due to broken promises, being threatened and assaulted by other members of your company, and feeling let down by leadership. The Board considered that you reported these incidents to senior officers who did not help you. Additionally, the Board considered that you were guaranteed motor transport with a two year enlistment, not four years; that you were introduced to racism and “blanket parties” in boot camp; and you were told that you would be shot in the back in the jungles of . The Board concluded these factors and assertions were not sufficient to warrant an upgrade in the characterization of your discharge given your SPCM conviction that resulted from your repeated unauthorized absence. Further, the Board concurred with the AO that there is insufficient evidence to attribute your misconduct to a mental health condition. 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, 6/17/2020