DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8843-18 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 9 March 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 7 February 2019 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 23 July 1990. On 7 May 1991, you were convicted by civilian authorities of driving under the influence of alcohol, driving with a suspended license, and driving with no insurance coverage. On 6 November 1991, you received nonjudicial punishment (NJP) for five specifications of unauthorized absence (UA). Additionally, you were counseled and warned that further misconduct could result in administrative discharge action. On 28 April 1992, you received NJP for UA. On 11 March 1993, you received a third NJP for five specifications of UA and dereliction of duty. On 15 March 1993, you were notified of administrative discharge action due to a personality disorder, a pattern of misconduct, and civil conviction. After being afforded you procedural rights, you elected to waive your right to have your case heard before an administrative discharge board. On 28 March 1993, your case was forwarded to the separation authority with the recommendation that you be discharged with an other than honorable (OTH) characterization of service. On 2 April 1993, the separation authority directed your OTH discharge due to a pattern of misconduct. On 8 May 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 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 in your pre-enlistment paperwork, you acknowledged prior marijuana use. You were evaluated for drug abuse, determined not be dependent on alcohol, and recommended for command counseling. In your current request for review, you submitted a Department of Veterans Affairs (VA) disability evaluation listing diagnoses of PTSD and alcohol dependence. In your VA evaluation, you reported several traumatic events that you experienced during your military service, such as witnessing deaths, including a Sailor who jumped from your ship and another who was electrocuted. You also stated that you had to sleep in a chemical suit for two months due to fear of attack. You submitted limited VA records which indicate that you have a diagnosis of PTSD, which can be attributed to military service. You submitted a statement that in-service you were diagnosed with a personality disorder but those records were not available for review. However, it is opined that there is insufficient evidence to attribute your misconduct to symptoms of PTSD. Excessive alcohol consumption and UA could be attributed to PTSD but could also have other contributing factors. Post-service treatment records describing your PTSD symptoms and their specific link to your misconduct are required to render an opinion on your misconduct. At this time, based on the available evidence, there is insufficient information to attribute your misconduct to PTSD. The Board carefully weighed all potentially mitigating factors, such as your record of service and your desire to upgrade your discharge. The Board also considered your assertions that you were diagnosed with PTSD in the Navy, and that you suffered from alcoholism, drug abuse, and poor performance as a result of the PTSD. Additionally, you assert that the Navy referred to your condition as a personality disorder, it was extremely difficult to function in a normal capacity, and the PTSD or personality disorder is the main cause of your UA and your addictive disorders. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your three NJPs and the fact that you were warned of the consequences of further misconduct after your first NJP. Further, the Board concurred with the AO’s statement that there is insufficient information to attribute your misconduct to PTSD. Finally, the Board discerned no probable material error or injustice in your discharge warranting an upgrade to the characterization of your 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,