DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 2463-20 
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 you did not file your application in a timely manner, the statute of limitations was waived in accordance with the 25 August 2017 guidance from the Under Secretary of Defense for Personnel and Readiness regarding requests by Veterans for modification of their discharge due to mental health conditions, sexual assault, or sexual harassment (Kurta Memo). A three-member panel of the Board, sitting in executive session, considered your application on 24 May 2021. The names and votes of the panel members 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, including the Kurta Memo, the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). The Board also requested and reviewed a 23 March 2021 advisory opinion (AO) from a mental health professional.
 
You enlisted in the Navy on 13 September 1993, and reported to recruit training on 9 February 1994. You graduated from recruit training on 30 April 1994 and reported to your first duty station, USS     , on 16 May 1994, in-port at the . On 21 November 1994, you were transferred to Naval    for medical reasons. According to your naval medical records, on 7 March 1995, you were diagnosed with a “longstanding disorder of character and behavior which is of such severity as to interfere with [your] serving adequately in the Navy.” The medical professional recommended that you be discharged expeditiously. On 15 March 1995, you received nonjudicial punishment for use of marijuana. 

On that day you were also notified of the initiation of administrative separation processing due to misconduct and due to personality disorder and your rights in connection therewith. You waived your right to an administrative board. On 16 March 1995, your commanding officer recommended that you be discharged with an other than honorable characterization of service. In his letter transmitting his recommendation, your commanding officer, explained that, in his opinion, you would continue engaging in “disruptive behavior in doing whatever it takes to get out of the Navy.” Your commanding officer explained that you provided three different explanations for your use of marijuana, and that the command also agreed to your request for a polygraph examination concerning your marijuana use. After your polygraph examination reported that it detected deception, you admitted that you smoked marijuana two weeks before your urinalysis test. On 31 March 1995, the discharge authority directed that you be discharged with an other than honorable characterization of service, and on 10 April 1995, you were so discharged. 

The Board carefully considered all potentially mitigating factors in your petition to determine whether the interests of justice warrant relief in your case including in accordance with the Wilkie Memo. You contend in your petition that you have been diagnosed with PTSD and other mental health conditions, which were caused by your experiences on active duty, and those mental health conditions mitigated your misconduct. Specifically, you contend that you were attacked and hit with a bowling ball from other Sailors on the aircraft carrier. You explained that you were diagnosed with acute stress reaction and personality disorder while on active duty, and that you attempted suicide while on active duty. You provided documentation from a physician supporting your contention that you have been diagnosed with PTSD and a traumatic brain injury (TBI), which caused the misconduct that resulted in your discharge. The Board also reviewed your personal statement, which included discussion of some of your post-service occupational attainments. 

In light of your assertion of a mental health condition, the Board received, and reviewed, the 23 March 2021 AO. The AO considered your naval records as well as all of the materials that you submitted, and concurred with your diagnosis of PTSD stemming from a traumatic experience in your asserted physical assault on an aircraft carrier. According to the AO, you experienced “symptoms consistent with PTSD (to include suicide attempts, psychiatric hospitalization, inadvertent substance abuse, misconduct, personality and behavioral changes, fear/paranoia and disillusionment with further naval service) with lesser symptoms of possible TBI (attention/concentration/memory deficits) in service.” 

In review of all of your materials, the Board did not find an injustice in your record warranting relief. The Board acknowledged, but disagreed with the AO. In its own review of your medical records from Naval Weapons Station, , there was a predominant theme that your sole focus was to seek a way to get out of the Navy. This sentiment was echoed by your commanding officer in his letter transmitting his recommendation for your discharge. Your medical records note that you believed you were tricked into joining the Navy, that you were disillusioned because you were not trained as an air traffic controller, and that you were eager to meet with a psychiatrist to see if you could get out of the service. Any of these medical contacts would have been an opportunity for you to discuss the traumatic event. The Board, however, did not see records relating to the traumatic event as you contend in your naval medical records. Should you be in possession of such records, the Board invites you to provide them and they will be reviewed in the context of your claim. The Board also noted that you expressed deception to your commanding officer with respect to your use of marijuana. Your commanding officer granted you extraordinary relief by granting your request for a polygraph examination, and, after your examination report reflected deception, you ultimately decided to tell your commanding officer the truth. In conclusion, given the totality of the circumstances, as well as a review of your overall service record, which includes nonjudicial punishment for use of marijuana, the Board determined that your request does not merit relief. 

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, 
5/28/2021 

3