Docket No: 6403-20 Dear This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application. A three-member panel of the Board, sitting in executive session, considered your application on 15 January 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, an Advisory Opinion (AO) from a qualified mental health provider, and applicable statutes, regulations, and policies, to include the 25 August 2017 guidance from the Secretary of Defense regarding requests by Veterans for modification of their discharge due to mental health conditions, sexual assault, or sexual harassment (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). In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 28 April 2021, which was previously provided to you, and your rebuttal statement received on 1 June 2021. A qualified 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 based on the available evidence, though you have a post-discharge diagnosis of PTSD, the preponderance of available objective evidence failed to establish that you were diagnosed with PTSD or suffered from PTSD or other major mental health condition at the time of your military service, or that your in-service misconduct could be attributed to PTSD or other major mental health conditions. On 1 June 2021, the Board received your rebuttal statement in response to the AO. You did not provide additional documentation that could attribute your in-service misconduct to a post-discharge diagnosed mental health condition. There is no in-service clinical history describing the traumatic stressors that led to your condition, or psychological symptoms resulting from the traumatic stressors. Throughout your disciplinary actions, counselings, administrative processing, and report of medical history and examination conducted on 14 August 1992 prior to your discharge, there were no concerns noted which would have warranted referral to mental health resources. Without a clinical history of the origin and evolution of your contended PTSD condition, it is difficult to devise a timeline of the onset and development of mental health symptoms or identify a nexus with your in-service misconduct. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to your statement that you were suffering from undiagnosed PTSD resulting from the incidences you experienced while deployed to the and an isolated tour of duty; your use of alcohol and psychiatric medications were coping mechanisms for PTSD caused by your deployments in the during the and that you were released from various jobs throughout your career, specifically, as a for the , as a result of your alcoholism, use of medications, and failing health performance. Furthermore, the Board noted you have been deemed unemployable due to your total and permanent disability as determined by the Department of Veterans Affairs, and you have been considered disabled by the Social Security Administration since 1 May 2012. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct, as evidenced by your non-judicial punishment for being in an unauthorized absence status for a period of 52 days, using disrespectful language, failing to obey a lawful order, and disorderly conduct by being drunk, outweighed these mitigating factors. Additionally, the Board concurred with the AO that the preponderance of objective evidence failed to establish you were diagnosed with PTSD or suffered from PTSD or other major mental health condition at the time of your military service, or that your in-service misconduct could be attributed to PTSD or other major mental health conditions. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. You are entitled to have the Board reconsider its decision upon 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, 7/14/2021 Executive Director