DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 3749-21  
Ref: Signature Date  
 

Dear , 

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 case on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 12 August 2021. 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 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).
 
A review of your record shows that you entered active duty with the Marine Corps in June 1989. In February 1990, non-judicial punishment was imposed on you for an unauthorized absence. Non-judicial punishment was again imposed on you in May 1990 for another unauthorized absence before you deployed twice to . In June 1991, non-judicial punishment was imposed on you for two orders violations and a false official statement. You subsequently participated in operations in  and  in July 1991. The following year, non-judicial punishment was again imposed on you for three instances of unauthorized absence and an orders violation. In March 1992, you were convicted by a summary court-martial for three instances of disobeying a direct order along with a violation of a general order. Subsequently, you were again punished with non-judicial punishment for a period of unauthorized absence. Based on your history of misconduct, you were discharged for patter of misconduct on 26 June 1992 with an Other than Honorable characterization of service. The Naval Discharge Review Board denied your request for an upgrade in June 2001 based on your post-discharge good character, record of service, and need for Department of Veterans Affairs benefits. 

The Board carefully considered your arguments for an upgrade to your characterization of service. You feel that you were suffering from Post-Traumatic Stress Disorder (PTSD) at the time of active duty service and claim your chain of command failed to assist you. Unfortunately, the Board disagreed with your rationale for relief. In reviewing your case, the Board noted that you did not provide any evidence of a mental health condition. Therefore, the Board concluded that the preponderance of the evidence does not support a finding that you suffered from PTSD while on active duty. Based on this finding, the Board also concluded that liberal consideration did not apply in your case. Therefore, in weighing your history of misconduct again your overall performance in the Marine Corps, the Board determined that your conduct was a significant departure than that expected from a Marine and found no error or injustice with the Marine Corps’ decision to assign you an Other than Honorable characterization of service. Your record was replete with minor and major misconduct that resulted in five non-judicial punishments and a summary court-martial conviction in approximately three years. Misconduct that was serious enough to qualify for a punitive discharge under the Uniform Code of Military Justice. So despite your participation in three operations in , , and , the Board determined your participation in these operations and your Honorable service was insufficient to overcome the seriousness and quantity of your misconduct during your active duty service. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

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, 
8/18/2021 

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