DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8857-19 Ref: Signature Date 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. 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 15 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 Kurta Memo, the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). You enlisted in the Marine Corps and began a period of active duty on 21 January 2009. An Administrative Remark dated 8 June 2010, reflects that you were counseled regarding a diagnosis of Adjustment Disorder with Anxiety and Depressed Mood. On 15 October 2010, you were again counseled concerning Adjustment Disorder with Anxiety and Depressed Mood. On 18 October 2010, you were notified of administrative separation procedures against you on the basis of a “Condition not a Disability.” On 16 November 2010, Commanding Officer (CO), 1st Marine Regiment (REAR) recommended that your administrative separation on the basis of a Condition not a Disability, due to an adjustment disorder, with a recommendation that you receive a general under honorable conditions characterization of service. Your CO noted that in January 2010, you were treated for depressive issues and suicidal ideation, and further noted that a clinical provider concluded that it was unlikely that you would be able to adjust to the rigors and expectations of the Marine Corps, and subsequently recommended an administrative separation. In addition, the CO noted that you had proficiency and conduct marks of 4.3/4.3. You were discharged from the Marine Corps on 9 December 2010, on the basis of a Condition not a Disability, and received a general discharge and a reentry (RE) code of RE-4. Following your discharge, you petitioned the Naval Discharge Review Board (NDRB). The NDRB determined that your discharge shall changed to reflect an honorable characterization of service and that the separation reason shall remain Condition, not a Disability, with a corresponding separation code of JFV1 and the reentry code shall change to RE-3P. In your application to the Board, you request the removal of notes in your record which pertain to your mental health diagnosis. You state that you had already had your discharge upgraded to honorable and your RE-4 code was changed to an RE-3. You contend that the notes pertaining to suicidal ideation and depression should be removed because the statements are false and although you were going through a small setback of mild depression, you did not require medication, or continued counseling, and you told your immediate leadership that you wanted to be returned to full duty. You provide post-discharge medical notes dated 26 October 2019, in which the medical provider stated that you were seen for an intake and did not present with any functional impairments or symptoms related to a mental illness. As part of the review process, a Physician Advisor reviewed your request and issued an Advisory Opinion (AO) dated 8 December 2020. The AO considered your contention that your record contains incorrect information, but noted that the in-service mental health clinic records which your command considered were not available to determine if your command accurately portrayed your diagnoses. However, the available information appear internally consistent. The AO concluded that there is insufficient objective evidence to support your request to expunge all or part of your official military documents. The AO was provided to you, and you were given 30 days in which to submit a response. When you did not provide a response within the 30-day timeframe, your case was submitted to the Board for consideration. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case including in part in accordance with the Wilkie Memo. These included your contention that the in-service references to mental health diagnoses or conditions were erroneous. The Board considered your assertion in light of your submission of a 2019 in-take summary which reflects that you do not present any impairments or symptoms related to a mental illness. However, the Board determined that your post-discharge in-take summary and your assertion are not sufficient to overcome the presumption of regularity in order to remove references to mental health conditions or diagnoses in your record. The Board concurred with the findings of the AO, and determined that although the entirety of your mental health clinic records was not reflected in your available service record, there was sufficient information to support the Administrative Remarks entries and administrative discharge separation processing on the basis of a Condition not a Disability. The Board concluded that the information in your record does not appear to be erroneous or unjust, and determined that removing references to mental health diagnoses or conditions is not warranted. 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, 1/28/2021 Executive Director