Docket No:  1662-21 
Ref: Signature Date 

Dear Petitioner: 
 
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.     
  
The Board determined that your personal appearance via video or telephone, with or without counsel, would 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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 23 August 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).  In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 21 May 2021, which was previously provided to you. 
  
You enlisted in the Marine Corps and began a period of active duty on 18 June 1984.  On  26 February 1986, you were counseled regarding the importance of maintaining a forthright spirit of cooperativeness in responding to matters known to be the subject of an official inquiry.  On 28 October 1986, you received nonjudicial punishment (NJP) for wrongful use of cocaine.  On 12 December 1986, a Medical Evaluation for Drug or Alcohol Abuse reported that you entered the Marine Corps with a pre-service drug waiver after testing positive while on recruiter’s assistant for cocaine use.  At that time, you were diagnosed as not dependent and recommended for Level I treatment.  However, on 5 January 1987, you were notified of administrative discharge action by reason of misconduct due to drug abuse.  After being afforded your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board.  Your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) discharge due to drug abuse. On 15 January 1987, the separation authority directed that you receive an OTH discharge due to drug abuse.  On 23 January 1987, you were discharged from the Marine Corps with an OTH characterization of service. 
  
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 during your service.  The AO noted that based on the available evidence, although you carry a post-discharge diagnosis of PTSD, the preponderance of available evidence failed to establish your in-service misconduct could be mitigated by 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 contentions that: (a) you were trying to get help after being involved in a five-ton rollover accident, that you were not the same after the accident, and had loss a friend that you shared a room; and (b) you spoke to the chaplain, which only led to you being labeled you as a complainer, you tried to self-medicate, were reduced in paygrade after receiving office hours (NJP), and what you needed was someone to help you with your PTSD.  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 NJP for wrongful use of cocaine outweighed these mitigating factors. Additionally, the Board concurred with the AO that based on the available evidence, although you carry a post-discharge diagnosis of PTSD, the preponderance of available evidence failed to establish you in-service misconduct could be mitigated by PTSD.  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,

 
9/2/2021
Executive Director