DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6624-18 Ref: Signature Date 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. A three-member panel of the Board, sitting in executive session, considered your application on 28 October 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 26 March 2019 advisory opinion (AO), which was previously provided to you and to which no response was receved. You enlisted in the Navy and began a period of active duty on 8 July 1986. On 11 July 1986, you were briefed on the Navy’s policy regarding drug and alcohol abuse. On 18 July 1989, you were identified, through a urinalysis test, to be a drug abuser and informed that you would be placed on a drug urinalysis surveillance regimen program. During the period from 16 June 1987 to 16 February 1989, you received five nonjudicial punishments (NJPs) for drunk and disorderly conduct, wrongful entry amid-ships, larceny of cigarettes from the Navy Exchange, two periods of unauthorized absence (UA) totaling six days, and wrongful use of marijuana and cocaine. Additionally, you were counseled and warned that further misconduct, could result in administrative discharge action. On 31 May 1989, you were convicted by special court-martial (SPCM) of three specifications of UA totaling 50 days, two specifications of wrongful use of marijuana, and four specifications of wrongful use of cocaine. You were sentenced to a period of confinement, a reduction in paygrade, and a bad conduct discharge (BCD). You received the BCD on 25 January 1990. 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,” 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 an October 2017 treatment note from a civilian mental health provider that noted that you received treatment for major depressive disorder, recurrent, moderate (with history of psychotic symptoms) and PTSD. You also submitted a letter from your wife at the time of the home invasion who averred that you did receive emergency base housing and, you lost your nerve and was never the same. You submitted a September 2016 letter from your civilian mental health clinician, who reported that you engaged in PTSD treatment regarding the home invasion since May 2016. No additional information was submitted. It is noted that you do have a diagnosis of PTSD that your civilian provider has determined to be related to military service. Although there is limited information, it is not dispute this determination. However, there is insufficient information to attribute all of the Petitioner’s misconduct to PTSD. There is no information regarding a home invasion in your military record, and you do not provide a timeline. However, even if the home invasion occurred prior to the bulk of your misconduct in 1988, it is still difficult to consider how your larceny could be attributed to PTSD. Similarly, it is difficult to attribute your drug use to PTSD, especially when you acknowledged pre-service marijuana use. It is possible that your UA and alcohol use could be attributed to PTSD, avoidance symptoms, and attempts to self-medicate, but additional information is needed to render an opinion. Post-service medical records describing your PTSD symptoms and their specific link to your misconduct are required. Based on the available evidence, it was opined that there is insufficient evidence that your misconduct should be attributed to PTSD. The Board carefully weighed all potentially mitigating factors, such as your record of service, and request to upgrade your discharge. The Board also considered your assertions that your discharge was due to a violent home invasion, that you were kicked and beaten in your own home after being verbally abused, threats made to your family, having a gun pointed at your head, and threatened, if you called the police. Additionally, drugs was a big business around the late 80’s, the police protected your house, and they took it out on you after just moving in a month earlier. You were offered emergency base housing, but the damage had already been done, you did not realize it immediately, and you went UA. You did not go back to base thinking the drug dealers would follow you, that you tried drugs thinking it might stop your paranoia, and that your court-martial was a direct result of a home evasion. The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given the fact that you were briefed on the Navy’s policy regarding drug and alcohol abuse, five’s, NJPs, two of which involved drugs and alcohol, and SPCM conviction for a lengthy period of UA and wrongful drug use. Further, the Board concurred with the AO’s statement that there is insufficient evidence that your misconduct should be attributed 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 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.