DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2105-21 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, 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 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 9 July 2021, which was previously provided to you. You enlisted in the U.S. Marine Corps and began a period of active duty on 16 August 1979. You served honorably for a period of approximately six (6) years, at which time, you reenlisted into the U.S. Marine Corps on 14 June 1985. On 21 October 1986, you were counseled concerning your substandard performance by demonstrating poor judgement which resulted in damage of government property. On 27 May 1987, you were counseled concerning your lack of judgment and poor supervision when dealing with subordinates. On 13 July 1987, you were counseled concerning your continued inability to perform duties as Sergeant of the Guard. You were further advised that further discrepancies would result in administrative or disciplinary action. On 5 November 1987, you submitted a request for designation of conscientious objector which was denied by the Commandant of the Marine Corps on 31 May 1988. On 7 July 1988, you were convicted at a Special Court-Martial (SPCM) for being in an unauthorized absence status and disobeying an order by not drawing your weapon and reporting for duty as Sergeant of the Guard. You were sentenced to reduction to E-3/Lance Corporal. Subsequently, on 2 August 1988, you were counseled concerning your failure to properly perform your duties as required and further advised that further discrepancies would result in administrative or disciplinary action. You appealed this counseling entry based on your “convictions and beliefs,” “going against God’s word”, and you “can no longer go by military rules and laws.” On 9 September 1988, you received nonjudicial punishment for failing to obey orders, specifically, executing permanent change of station orders. Subsequently, you were notified of intended recommendation for administrative discharge by reason of misconduct due to a pattern of misconduct, at which time, you elected not to consult with counsel and waived your procedural rights to an administrative discharge board. Further, you were notified of the Commanding Officer’s intent to recommend that you be discharged with an other than honorable (OTH) characterization of service. On 27 October 1988, the discharge authority directed discharge with an OTH characterization of service by reason of misconduct, specifically, a pattern of misconduct. On 2 November 1988, you were discharged with an OTH characterization of service. 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 were suffering from Post-Traumatic Stress Disorder (PTSD) and this diagnosis might have mitigated the misconduct that led to you receiving an OTH characterization of service. The AO noted your service records did not contain evidence of a diagnosis of a mental health condition. The AO further noted that based on the available evidence, the preponderance of available objective evidence failed to establish that you were diagnosed with a mental health condition, suffered from a mental health condition at the time of your military service, or your in-service misconduct could be mitigated by a mental health conditions. 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 you want the discharge changed to file an appeal to receive disability for service time and having full disability status would ensure you receive proper medical benefits. The Board noted the medical documents and the letter provided by your treating medical provider you submitted for clemency consideration failed to establish any mental health condition. 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 repeated counselings for subpar performance as a senior non-commissioned officer, and failing to obey orders, outweighed these mitigating factors. Additionally, the Board concurred with the AO, specifically, that your misconduct, and your personal statement, reflected your ideals of a conscientious objector and not that of someone suffering from a mental health condition. 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, 9/8/2021 Executive Director