DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3507-18 Dear 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. 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 application on its merits. A threemember panel of the Board, sitting in executive session, considered your application on 12 August 2019. 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 25 October 2018 advisory opinion (AO) furnished by a qualified Navy mental health professional, and the information you submitted in rebuttal to the AO. You enlisted in the Navy and began a period of active duty on 24 February 1965. On 15 October and 23 November 1965, you received nonjudicial punishment (NJP) for using another Marine's identification card and assault. You assert that, on 11 April 1966, while assigned to a bombing range detail, you witnessed a plane crash, and your duty was to rescue the pilot. On 28 June 1966, you received NJP for purchasing and drinking alcoholic beverages as a minor. On 16 May 1967, you received NJP for disorderly conduct by fighting. On 6 July 1967, you were convicted by summary court-martial (SCM) of a brief period of unauthorized absence (UA). On 15 January 1968, you agreed to extend your enlistment in order to deploy on You agreed to the deployment on the conditional that you would disclosing all just debts and establishing an effective repayment plan. On 30 April 1968, you received NJP for issuing worthless checks. On 13 May 1968, you were advised that you were being considered for administrative separation proceedings due to your failure to pay debts. You elected to consult with counsel and to submit. a statement. On 24 May 1968, you received NJP for initiating a false fire alarm. On 27 May 1968, you requested to withdraw your agreement to extend to go on deployment, and to be released to inactive duty because you had agreed to participate in the to earn money to pay off your debts, yet you were denied participation in the cruise because of your indebtedness. On 31 May 1968, your request was denied because you had incurred new debts after the original agreement had been reached. On 11 June 1968, you were convicted by summary court-martial of breaking restriction. On 30 September 1968, you were convicted by special court-martial (SPCM) of 33 days of UA. On 25 October 1968, the separation authority directed that you receive an undesirable discharge due to unfitness. You received an other than honorable discharge (0TH) on 27 November 1968. However, on 26 October 1977, your 0TH discharge was change to general under honorable condition by a Special Discharge Review Board. 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 reviewed your request and provided the Board with an AO regarding your assertion of suffering from PTSD during service. The AO noted, your post-service diagnosed PTSD is attributed to a plane crash that you witnessed while in-service, as per the DVA records. However, not all of your misconduct can be attribute to PTSD. You had two NJPs prior to your traumatic incident, which cannot be attributed to PTSD, but, given your history of misconduct, the AO stated it seems more reasonable to attribute your misconduct to longstanding difficulties with conflict resolution rather than PTSD. Your financial mismanagement and repeated writing of worthless checks, which seem to be the primary reason for discharge, cannot be attributed to PTSD. There was, therefore, insufficient evidence to attribute all of your misconduct to PTSD. The Board mailed a copy of the 25 October 2018 AO to you on 29 October 2018; however, it was returned undeliverable. You sent additional information to the Board on 15 January 2019, which was also reviewed by the mental health professional who provided an updated AO on 24 January 2019. The AO stated that the additional records did not change the original AO conclusion. The Board carefully considered your request to upgrade your discharge and your assertions that, unbeknown to you and everyone else, you had PTSD while in service. The Board concluded, however, that your PTSD was not sufficient to warrant recharacterization of your discharge given your misconduct that your misconduct began before the traumatic incident and the type of your misconduct was not necessarily related to PTSD. The Board concurred with the AO's statement that there is insufficient evidence to attribute all of your misconduct to PTSD. 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 the 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 ofregularity 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.