DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 776-19 Ref: Signature Date Dear : This is in reference to your application of 14 November 2018 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their 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. 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 12 May 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. In addition, the Board considered the advisory opinion (AO) furnished by a Navy mental health professional dated 27 September 2019, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 30 June 1975. On 28 October and 9 December 1976, you received non-judicial punishment (NJP) for violating a lawful written order by parking in a designated outpatient parking lot, and one day of unauthorized absence. On 12 December 1976, you were, diagnosed with a situational adjustment disorder and a mixed character disorder with features of immaturity, passive-aggressive, and obsessive personality. On 13 December 1976, you were, notified of administrative discharge action due to unsuitability. On 20 December 1976, your case was, forwarded to the separation authority stating you were separated from the Navy with a general (under honorable conditions) characterization of service on 17 December 1976. Characterization of service is based in part on conduct marks assigned on a periodic basis. Your conduct average was 2.5. At the time of your service, a conduct average of 3.0 was required to be considered for an honorable characterization of service, based on your reason for discharge. 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 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 you submitted no medical documentation of a diagnosis of PTSD and further noted that in-service, you were, diagnosed with a situational adjustment disorder and problematic personality characteristics. The AO opined that there is insufficient evidence to attribute your misconduct to a mental health condition other than your diagnosed personality disorder. The Board carefully weighed all potentially mitigating factors in your case, including your record of service and desire to upgrade your discharge. The Board also considered your assertions that you were not diagnosed at the time of your discharge, but later found out that you did have PTSD and other mental conditions that, were not diagnosed until many years later. Additionally, that you were treated and medically improved, but still have the condition along with anxiety and paranoia, that this condition caused you to have confusion which, caused you to lose one day of service because you did not report back from leave at the correct time, and you did not get along with the Chief who wanted you out. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service, given your misconduct that resulted in two NJPs, and your failure to attain the required average in conduct. Further, the Board concurred with the AO’s conclusion that there is insufficient evidence to attribute your misconduct to a mental health condition other than your diagnosed personality disorder. 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, 6/23/2020