DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7210-18 Ref: Signature Date Dear This is in reference to your application of 6 August 2018 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 that 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 2 December 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, and applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion furnished by a mental health professional of 9 July 2019, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 23 July 1991. On 26 June 1992, you received non-judicial punishment (NJP) for larceny of personal property, and knowingly receiving, buying, or concealing stolen property. On 30 June 1992, you were counseled concerning your NJP, and warned that further misconduct could result in administrative discharge action. During the period from 8 October 1992 to 10 January 1993, you received four NJPs for failing to go to your appointed place of duty, desertion, unlawful entry, and two instances of failing to obey an order. On 30 January 1993, you were counseled and warned that further misconduct, could result in administrative discharge action. On 11 March 1993, you received a sixth NJP for unauthorized absence, and failure to go to your appointed place of duty. On 16 March 1993, you were notified of administrative action to separate you from the naval service due to commission of a serious offense and a pattern of misconduct. After being afforded your procedural rights, you waived your right to request to present your case before an administrative discharge board. Your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) characterization of service due to misconduct. On 7 April 1993, the separation authority directed that you receive an OTH characterization of service due to a pattern of misconduct. On 14 April 1993, you were so discharged. 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 mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you was suffering from a mental health condition during your service. The AO noted that, in your discharge physical, you denied experiencing any mental health symptoms, including depression, trouble sleeping, or nervous trouble of any sort. In your current request for review, you submitted a personal statement that you incurred PTSD from bullying you experienced during your ship assignment after being unjustly removed, without explanation, from your advanced schooling to become a hospital corpsman. You submitted a letter of support from a family friend that your behavior changed following your military service. You submitted no medical records indicating a diagnosis of PTSD. There is insufficient evidence to attribute your misconduct to unrecognized PTSD symptoms. Additional, post-service medical records describing your PTSD symptoms and diagnosis, and the specific link between your symptoms and misconduct are required to render an alternate opinion. Based on the preponderance of the evidence, the AO stated that there is insufficient evidence to attribute your misconduct to PTSD. The Board carefully weighed all potentially mitigating factors in your case, including your record of service, desire to upgrade your discharge, and letter of support. The Board also considered your assertions, that you believe your record is unjust because you were snatched out of Hospital Corpsman “A” School two weeks before graduation. Additionally, you were assigned to the as a seaman recruit, and that caused you PTSD. The Board concluded these factors and assertions were insufficient to warrant changing your characterization of service given your misconduct, which resulted in six NJPs, and the fact that you were warned of the consequences of further misconduct on more than one occasion. Further, the Board concurred with the AO’s opinion that there is insufficient evidence to attribute 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 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.