DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 336-18 Ref: Signature Date This letter 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 14 May 2018. 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the 9 April 2019advisory opinion (AO) furnished by a qualified Navy mental health professional, which was previously provided to you for your comment and is enclosed. You enlisted in the Navy and began a period of active duty on 23 November 1977. On 3 October 1978, you were convicted by special court-martial (SPCM) of five specifications of unauthorized absence (UA) and four specifications of failing to go to your appointed place of duty. On 20 November 1978, you were counseled concerning your deficiencies in military behavior, and warned that further misconduct, could result in administrative discharge action. On 30 January 1979, you were notified of administrative discharge action had be initiated. On 2 February 1979, you received NJP for nine days of UA, and two instances of failing to go to your appointed place of duty. On 16 May 1979, your commanding officer forwarded your case to the separation authority and recommended that you be separated from the Navy by reason of convenience of the government due to marginal performance. On 7 November 1979, you were informed that you were being retained in the naval service; however any further misconduct may result not only in disciplinary action but in processing for administrative discharge. From 16 November to 11 December 1979, you received NJP for five periods of UA totaling five days, possession of marijuana, and drunk and disorderly conduct. Your original service record was incomplete and did not contain all of the documentation pertaining to your discharge from the Navy. The Board relied upon the presumption of regularity and presumed that the officials acted in good faith following the governing law and policy. Based on your certificate of release or discharge from active duty (DD Form 214), you requested an undesirable discharge for the good of the service in order to avoid trial by court-martial. Prior to submitting this request for discharge, you would have conferred with a qualified military lawyer, been advised of your rights, and warned of the probable adverse consequences of accepting such a discharge. Subsequently, it appears your request for discharge was granted and on 18 December 1979, you received an other than honorable discharge in lieu of trial by court-martial. As a result of this action you were spared the stigma of a court-martial conviction and the potential penalties of a punitive discharge and confinement at hard labor. You requested that the Board consider changing your characterization of service. You request an upgrade of your characterization of service on the basis that you suffered from unrecognized post-traumatic stress disorder (PTSD) at the time of your military service. Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s 3 September 2014 memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of, the 25 August 2017 memorandum “Clarifying Guidance to Military Discharge Review Boards 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,” and the 25 July 2018 memorandum, “Guidance to Military Discharge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” A qualified Navy mental health professional further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion you were suffering from PTSD during your service. The AO noted, in part, that you submitted no mental health records. Although you provided contact information for your health providers, this Board requires you to submit the records and so only records received by the Board were reviewed. There is no clinical information to support your contention that you incurred PTSD during your military service or currently have a diagnosis of PTSD, aside from your personal statement. While it is possible that some of your misconduct could be related to PTSD, there is insufficient information and the misconduct could be related to other factors. The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge and your assertions that you were incarcerated during the period you were charged with UA, you incurred PTSD when you were mugged on a parade ground by three Sailors, you plead guilty to a misdemeanor but were separated under the presumption you had committed a felony, and that you continue to experience symptoms of PTSD, including being “jumpy and unpredictable.” The Board concluded these factors and assertions were not sufficiently supported to warrant a change to your discharge given your misconduct, which resulted in an SPCM conviction, three NJP’s for wrongful drug use, the referral of charges to a court-martial, and your request for discharge. The Board also concurred with the AO’s statement that while it is possible that some of your misconduct could be related to PTSD, there is insufficient information and the misconduct could be related to other factors. The Board determined there was no material error or injustice in your OTH discharge, which was sufficiently supported by your misconduct. It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new matters. 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.