DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8269-18 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 18 November 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 21 June 2019 advisory opinion (AO) furnished by a qualified mental health professional, your response to that opinion, and an updated 23 July 2019 AO, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 1 December 1966. On 7 December 1966 and 21 January 1967, you received NJP for two periods of unauthorized absence (UA). On 30 January 1967, you were convicted by summary court-martial (SCM) of UA, two instances of disobedience, disrespectful language, and breaching restraint. During the period from 2 March to 13 September 1967, you received three additional NJPs for periods of UA totaling 13 days. On 10 November 1967, you arrived for duty in Vietnam. On 7 June 1968, you were awarded the Purple Heart Medal. On 20 July 1968, you departed Vietnam after participating in 10 combat operations. On 29 August 1968, you received NJP for three days of UA. On 10 March 1970, you were convicted by general court-martial (GCM) of five specifications of UA totaling 129 days, and 88 days of desertion that ending in your apprehension. You were sentenced to confinement at hard labor, a forfeiture of all pay and allowances, and a bad conduct discharge (BCD). On 22 September 1970, you waived your right to request restoration to full duty, and requested the execution of your BCD stating “I don’t like the service and I feel it would be better for me and the corps that I be given my discharge and not be sent back to duty because I would only go UA again.” On 23 October 1970, you received your BCD. However, on 3 June 1977, you characterization of service was change to general (under honorable conditions) for the convenience of the government pursuant to Presidential Proclamation No. 4313. 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 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 Post-Traumatic Stress Disorder (PTSD) during your service. The AO noted you presented no clinical evidence of a diagnosis of PTSD or Klinefelter’s syndrome. Klinefelter’s syndrome describes physical characteristics that stem from a chromosomal defect, which would be present from birth and not attributed to military service. Additionally, it is not clear how a diagnosis of Klinefelter’s syndrome would account for repeated UA. You do have a history of combat, received a Purple Heart for wounds incurred, and it is possible that your UA following your deployment to Vietnam could be conceptualized as avoidance symptoms of PTSD. However, your five NJPs and SCM conviction prior to your deployment to Vietnam that could not be attributed to PTSD. Additional records, such as your medical records describing your mental health symptoms and their specific link to your misconduct, were required to render an alternate opinion. Based on the preponderance of the evidence, there was insufficient evidence to attribute all of your misconduct to PTSD incurred during your military service. On 23 July 2019, after your response, the updated AO states you submitted excerpted Department of Veteran Affairs (VA) treatment records listing treatment for PTSD from August 2016. The traumatic events leading to PTSD are attributed to your Vietnam service. You also submitted clinical information indicating that you have a diagnosis of PTSD, which can be attributed to your military service in Vietnam. However, it is still opined that there is insufficient evidence to attribute all of your misconduct to PTSD, as a large portion of your misconduct occurred prior to your combat deployment. The Board carefully weighed all potentially mitigating factors, such as your record of service, requests to upgrade your discharge to honorable and remove unauthorized absences from your DD214 to assist with VA benefits. The Board also considered your contentions that it has been almost 50 years, what you did to remedy the problem was wrong, you should have gone up the chain of command, you are older and wiser, and if you were younger, you would go back in the Corps and make some changes. The Board also considered your assertions that your First Sergeant had it out for you because you were late coming back from R&R, that you suffer from PTSD, and you tried to take your life a few times. The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge or removing your periods of UA from your DD 214 given your misconduct, which resulted in six NJPs, SCM, and conviction by GCM leading to your discharge. Further, the Board concurred with the AO’s statement that there is insufficient evidence to attribute all of your misconduct to PTSD incurred during your 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,