DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9778-19 Ref: Signature Date 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 25 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 16 December 2020, which was previously provided to you. On 26 August 1960, you reenlisted in the Marine Corps after serving over eight years of honorable service. On 4 August 1965, you were notified of administrative discharge action by reason of unfitness. At that time, you had established a pattern showing a failure to pay just debts. It was stated that your failure was shown through your false promises and bad faith. On 18 August 1965, your case was forwarded to the separation authority recommending an undesirable discharge by reason of unfitness. It was stated, in part, that you had an obvious pattern of dereliction of your personal responsibilities that had resulted in numerous letters of indebtedness, telephone calls and inquiries. On 14 September 1965, the separation authority directed that you receive and other than honorable (OTH) discharge. On 17 September 1965, you were discharged from the Marine Corps with an OTH characterization of service. On 26 April 1995, the Board reviewed and changed your characterization of service to general (under honorable conditions). 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 Post-Traumatic Stress Disorder (PTSD) during your service. Based on the available evidence, there is sufficient evidence Petitioner incurred PTSD as a result of his military service. Furthermore, it is likely that his financial misconduct could be at least partially attributed to his PTSD. 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 your assertions that: (a) you were supposed to get a medical discharge for your legs, but were never referred to the Physical Evaluation Board (PEB); (b) your medical and mental health issues negatively affected your ability to manage your finances; and (c) these issues were exacerbated by your ex-wife’s excessive expenditures. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct, as evidenced by your failure to pay just debts, and numerous counseling 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, Executive Director