DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8958-18 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 4 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 9 July 2019 advisory opinions (AOs) furnished by a Navy mental health professional, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 25 January 1982. On 24 June 1983, you received nonjudicial punishment (NJP) for wrongful possession of trace amounts of marijuana. On 1 July 1983, you were counseled concerning your use of marijuana. Additionally, you were warned that further misconduct could result in administrative discharge action. A 13 August 1983 Substance Abuse Report states that you exhibited potential for further service, pending successful completion of Level I counseling and no further abuse of drugs. On 24 October 1984, you were convicted by civil authorities of simple assault. You received a fine and one year in jail. However, your jail time was suspended for a period of one year. On 29 October 1984, you began a period of unauthorized absence (UA) that lasted 28 days, ending on 26 November 1984. On 31 December 1984, you were convicted by summary court-martial (SCM) of missing your squadron’s movement. On 10 May 1985, you received NJP for assault consummated by a battery. On 30 January 1986, you received NJP for larceny and two instances of failing to go to your appointed place of duty. On 30 January 1986, you were notified of administrative discharge action due to a pattern of misconduct, commission of a serious offence and drug abuse. After being afforded your procedural rights, you waived your right to request that your case be heard before an administrative discharge board. On 31 January 1986, 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 19 February 1986, the separation authority directed that you receive an OTH discharge due to a pattern of misconduct. On 24 February 1986, you were discharged with an OTH characterization of 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 Navy mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion you were suffering from a mental health condition during your service. The AO noted you submitted a personal statement that you were suffering from unrecognized PTSD from childhood trauma that was triggered in-service when your wife divorced you after you agreed to extend your enlistment beyond your initial four-year contract. You further stated that you began to experience depression and alcohol use as a result of your PTSD symptoms, which resulted in your discharge. You submitted no records indicating a diagnosis of PTSD. There is insufficient evidence to attribute your misconduct to unrecognized PTSD symptoms. You had a pattern of marijuana use prior to your entry into the Navy and apparently continued your use of marijuana during your military service. You had a pattern of violent behavior with both civilian and military charges of assault that occurred over several years. Additionally, post-service medical records describing your PTSD symptoms, diagnosis, and the specific link between your symptoms and misconduct are required to render an alternate opinion. A preponderance of the evidence does not support the contention that your misconduct is attributed to PTSD. 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 your commanding officer put his trust in you as a plane captain and that you submitted a request for an extension in order to achieve rank and possible reenlistment. Additionally, the Board considered your assertions that your wife was seeing another man and leaving you while carrying your child; that you came from a broken family and did not realize you suffered PTSD issues from your father’s abandonment of you, which was too much for you at such a young age; and that you turned to alcohol and began to get into trouble. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service, given your drug abuse and other misconduct, which resulted in three NJPs, civil conviction, SCM conviction, 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 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.