DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1423-19 Ref: Signature Date 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 16 June 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 11 December 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 29 May 1991. On 1 August 1991, you received nonjudicial punishment (NJP) for assault by striking another Sailor in the face with your fist. Based on your Enlistment Performance Record (Page 9) and Certificate of Release or Discharge from Active Duty (DD 214), you were discharged with a bad conduct discharge (BCD) on 18 April 1995, as a result of your sentence for being convicted by special court-martial (SPCM) of 250 days of unauthorized absence. Your original service record was incomplete and did not contain any documentation pertaining to your SPCM. 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 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 that you were suffering from PTSD during your service. The AO noted that in your personal statements, you contended you were suffering from PTSD due to a death in your family. You provided a short obituary on the death of your brother in 2002. A review of available service records did not reveal any diagnoses of PTSD or signs, symptoms, or behaviors indicative of any other mental health conditions. Veteran’s Administration medical records were not accessible. You did not provide any additional medical records, or other corroborating evidence. Unfortunately, you have submitted no information that you have a clinical diagnosis of PTSD or any other mental health conditions as rendered by a mental health practitioner. Additional information, such as medical records containing a diagnosis of PTSD or other mental health conditions associated with your military service, with linkage to your military misconduct is required to render an alternate opinion. Based on the available evidence, there is insufficient evidence of PTSD or any other mental health condition attributable to your military service that may have mitigated your misconduct. 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 feel it is an injustice to have received a BCD, that you were suffering from PTSD due to a death in your family, were not given a remedy to your situation, and your service to your country was good. Additionally, the Board considered that you received a commendation, and an upgrade will help you get a promotion at your present place of employment. Further, the Board considered your assertion that you are clean and sober, have been employed for many years without issues, took steps in the right direction of being a tax-paying and law-abiding citizen, have a clean criminal record, and that you believe the Pentagon has expanded the policy to upgrade veterans with BCDs. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP and a conviction by SPCM of a very lengthy period of UA. Further, the Board concurred with the AO, that there is insufficient evidence of PTSD or any other mental health condition attributable to your military service that may have mitigated your misconduct. 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.