DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7191-18 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. 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 three-member panel of the Board, sitting in executive session, considered your application on 29 January 2020. 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 28 December 2018 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 7 September 1993. Your original service record was incomplete and did not contain any documentation pertaining to your separation from the Navy. Based on your Certificate of Release or Discharge from Active Duty (DD 214), on 9 June 1994, you were discharged with an other than honorable characterization of service in lieu of court-martial, apparently for two periods of unauthorized absence (UA) totaling approximately 106 days. The Board noted that you provided no evidence to support your contentions. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. 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 MilitaryBoards 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 ReviewBoards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” A Navy 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 PTSD during your service. The AO noted that you were seen in medical for thoughts of hurting yourself, increased stress, and frustration regarding racial slurs experienced onboard your ship. The medical officer determined you were not suicidal and referred you to a stress management program overseen by the ship’s chaplain. In your discharge physical, you denied experiencing any mental health concerns, including depression or excessive worry, trouble sleeping or nervous trouble of any sort. You submitted a statement that you were treated unfairly on the ship, and you went UA when you received no relief. No additional records were available for review. Unfortunately, you provided no post-service treatment records indicating a mental health diagnosis. Post-service treatment records describing your PTSD symptoms and their specific relationship to your military service are required to render an opinion as to whether any potential PTSD diagnosis should be attributed to military service. Similarly, post-service treatment records describing the specific link between your PTSD symptoms and UA are required to render an opinion as to whether your misconduct should be attributed to PTSD. UA could be related to many factors, including PTSD. At this time, based on the available evidence, there is insufficient evidence to attribute your misconduct to PTSD or to attribute PTSD to military service. The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to upgrade your discharge. The Board also considered your assertions that you received extremely unfair treatment during your tour and that your discharge has been a bad stain on your life. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service, which is most likely the result of your periods of UA. Further, the Board concurred with the AO’s statement that there is insufficient evidence to attribute your misconduct to PTSD or to attribute PTSD to military service. 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. Sincerely,