Docket No: 2634-19 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 23 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, and applicable statutes, regulations, and policies, and applicable Advisory Opinion (AO) dated 12 April 2020. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy and began a period of active duty on 24 May 1990. In October 1990, you deployed onboard the USS in support of Operation Desert Shield/Storm. In January 1991, you were recommended for advancement. On 31 May 1991, you received nonjudicial punishment (NJP) for failure to go to your appointed place of duty and disrespect in language and deportment toward a Senior Chief Petty Officer. You were counseled on 2 June 1991, regarding continued satisfactory performance during the remainder of your current enlistment. On 26 November 1991, you received NJP for assault consummated by battery and communicating a threat. On 12 December 1991, you had a 30 minute period of unauthorized absence (UA). On 17 June 1993, you received NJP for disobeying a lawful order. Commanding Officer, USS , notified you of administrative separation proceedings against you the same day, on the basis of a pattern of misconduct. You waived your right to appear before an administrative separation board. You were discharged from the Navy on 16 July 1993, on the basis of a pattern of misconduct, and received an other than honorable discharge and a reentry (RE) code of RE-4. You request changes to your record to include the following: (1) an upgrade of your other than honorable discharge to honorable, a change to your RE-4 re-entry code, and a change to your narrative reason for separation; (2) removal of all NJPs from your record and recoupment of all fines assessed; (3) removal of derogatory EPRs; (4) change your separation code to VFJ, your narrative reason for separation to Permanent Retirement and Disability Retirement, transfer to Permanent Disability Retired List (PDRL) with an early promotion to E-3, and retirement in that same grade; (5) full military active duty credits for a four year period of enlistment and credit for four years of IRR post the period of active duty, and eligibility to access and transfer the Montgomery GI Bill without penalty to eligible dependents; (6) eligibility for conversion of SGLI to VGLI and a timeline waiver; (7) change to DD Form 214 block 11 to include 3 years and 11 months; (8) change to DD Form 214 block 12 to align with block 12g; (9) entitlement to the Liberation Medal (Kingdom of ), Liberation Medal, and Good Conduct Medal; (10) recognition on your form DD Form 214 for the Foreign Service Commitment; and (11) update to your DD Form 214 to reflect “Culinary Specialist” rather than “Mess Management.” You state that you are a combat veteran who served as a culinary specialist onboard the USS and that you were subjected to an injustice due to undue disciplinary action. You assert that you were discharged with an other than honorable discharge while suffering from undiagnosed Post-Traumatic Stress Disorder (PTSD) which led to alcohol dependency. Following your discharge you state you were denied access to mental health treatment from Veterans Affairs (VA). You state that you later began receiving treatment starting 12 December 2018, for PTSD and alcohol dependency. You state that there were obvious signs of distress following your deployment in support of Operation Desert Shield/Storm. You cite NR20170002687, in which the Board reinstated you to the Temporary Disability Retired List (TDRL) so that you could undergo a physical examination and receive a Physical Evaluation Board (PEB). You also provide letters of recommendation, academic transcripts, and confirmation of no arrest data by the FBI. The Board noted that you raise issues of in-service mental health concerns, including PTSD. Accordingly, your request was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014, and the “Clarifying Guidance to Military Discharge Review Board 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” memorandum of 25 August 2017. The Board also reviewed your petition in light of the Under Secretary of Defense’s memorandum, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” of 25 July 2018. As part of the review process, a Physician Advisor reviewed your request and took into account your statement that you had a post-service PTSD diagnosis and your contention that you were dealing with PTSD at the time of your military service. The AO noted that you did not provide evidence of mental health symptoms or behavior changes that incurred as a result of your military service or from any traumatic events you experienced during your service. The AO concluded that at this time, there is insufficient evidence to corroborate an in-service mental health condition or to attribute in-service misconduct to a mental health condition. The AO was provided to you, and you were given 30 days in which to submit a response. When you did not provide a response within the 30-day timeframe, your case was submitted to the Board for consideration. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your assertion that you were suffering from a mental health condition that mitigates your misconduct during your time in the Navy. The Board concurred substantially with the conclusions of the AO, and determined that you did not provide sufficient evidence to establish that you were suffering from PTSD and possible alcohol dependency that mitigated the misconduct reflected in your record. The Board concluded that the three NJPs in your record support your administrative discharge and the subsequent issuance of the other than honorable discharge, RE code, and narrative reason for separation. The Board also determined that you did not provide sufficient evidence to establish that your NJPs were executed erroneously or unjustly, and therefore they should remain in your service record. The Board found that the derogatory EPRs should likewise remain. With respect to your request for retirement and promotion, the Board found that at the time of your discharge on 16 July 1993, you did not meet the disability retirement criteria for transfer to the PDRL on the basis of unfitness for duty. The Board concluded that your DD Form 214 was properly issued after your administrative separation discharge proceedings, and that there is no error or injustice in the rank, narrative reason for separation, service credit, separation code, or length and nature of service. The Board also concluded that your service does not meet the requirements for entitlement for the GI Bill or GI Bill transfer eligibility, nor are you entitled to SGLI or a time line waiver. With respect to your request that awards be added to your record, the Board concluded that you did not establish that you had exhausted your lower level administrative remedy nor did you provide sufficient information to support your request for the addition of awards. Finally, the Board concluded that Mess Management was an accurate reflection of your rate at the time of your discharge on 16 Jul 1993, and is neither erroneous nor unjust. 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,