DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6747-20 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 limitation 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 14 June 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 reviewed a 28 April 2021 advisory opinion (AO) from a mental health professional as well as your rebuttal to the AO. You enlisted in the Navy on 3 August 1998, and reenlisted on 8 March 2002. On 31 March 2003, you received nonjudicial punishment for failing to obey an order, and you received a written warning concerning your nonjudicial punishment. On 9 January 2004, you received nonjudicial punishment for using marijuana. On 20 February 2004, you received nonjudicial punishment again for using marijuana. On 24 February 2004, you were notified of the initiation of administrative separation processing and your rights in connection therewith. You waived your right to an administrative board. On 3 March 2004, your commanding officer recommended to the discharge authority that you be discharged with an other than honorable characterization of service. On 4 March 2004, the discharge authority directed that you be discharged with an other than honorable characterization of service, and on 12 March 2004, 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 suffer from PTSD as a result of the death of your friend by suicide as well as your participation in Operation Enduring Freedom and Operation Iraqi Freedom, and that your misconduct while on active duty should be mitigated by your PTSD. You explained in your petition that your misconduct occurred as a result of your attempt to self-medicate. In light of your assertion of a mental health condition, the Board received, and reviewed, the 28 April 2021 AO. The AO reviewed your naval records as well as all of the materials that you submitted, and explained as follows: Petitioner’s in-service records did not contain evidence of a diagnosis of a mental health condition or psychological/behavioral changes, which may have indicated a mental health condition. For example, his fitness report . . . covering the time when the purported trauma occurred, had an individual trait rating of 4.14 and an early promote, indicating no occupational dysfunction. Throughout his disciplinary actions, counselings, and administrative processing, there were no concerns noted which would have warranted referral to mental health resources. The AO concluded that, “it is my considered medical opinion, though Petitioner carries a post-discharge diagnosis of PTSD, in-service records contemporary to his service lacked sufficient evidence to establish a nexus with his in-service misconduct.” The Board also carefully considered the rebuttal that you provided to the AO. In review of all of your materials, the Board did not find an injustice in your record warranting relief. The Board concurred with the finding of the AO and it found that your rebuttal did not assist it in finding a nexus between your asserted mental health condition such that it would mitigate the misconduct you engaged in while on active duty. The Board also noted that you did not provide sufficient evidence of post-service accomplishments for the Board to make a finding of post-service clemency in accordance with the Wilkie Memo. In conclusion, given the totality of the circumstances, as well as a review of your overall service record, which included the imposition of nonjudicial punishment for use of illegal drugs on two occasions, 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, 6/21/2021 Executive Director