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

Docket No. 6208-15 
HAY 2 0 2016 
' 

This is in reference to your application for correcti on of your naval record pursuant to the provisions of 10 USC 1552. 

Although your appl ication 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 case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 March 2016. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the pro.ceedings of this Board. Documentary material considered by the Board consisted of your applicati on, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. 

A review of your record shows that you entered active duty with the Marine Corps in November 2004. On 18 July 2005, non-judicial punishment (NJP) was imposed on you for disrespect and two specifications of underage drinking. After you deployed to Iraq in August 2005, you were diagnosed with a personality disorder based on your suicidal ideations. You were seen and treated for your PTSD symptoms after you returned from your deployment in 2006. On 2 May 2006, NJP was ~gain imposed on you for an incident of driving under the influence of alcohol. This led to your admini strative separation processing for your personality disorder diagnosis due to your inability to adapt to the Marine Corps and your discharge on 16 May 2006 with a General characterization of service. Subsequent to your discharge, the Department of Veterans Affairs (VA) rated you 70% disabled for the service connected disability of Post-traumatic Stress Disorder (PTSD) with major depressive episode and polysubstance dependence. 

The Board carefully considered your arguments that deserve an upgrade t o your characterization of service and change t o the narrative reason for discharge includ_ing your separation program designator co.de·. You contend that your VA rating for PTSD and 100% individual unemployability rating warrants the changes to your record. Unfortunately, the Board disagreed with your rationale for relief. First, the Board determined that the Secretary of Defense Memorandum of September 3, 2014, Supplemental Guidance to Military Boards of Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder did not apply to your case since you were not issued an Other than Honorable discharge. For the same reason, the Board determined the guidance contained in the Deputy Under Secretary of Defense's memo of 24 February 2016 also did not apply to you. Second, the Board found that your General characterization of service was appropriate considering you received two NJPs in less than two years of service. Either of those NJPs would have qualified you for an Other than Honorable characterization of discharge due to the seriousness of the offenses. So the Board concluded you were fortunate the Marine Corps issued you a General discharge. Third, the Board felt there was insufficient evidence to find that you were unfit for continued naval service due to your PTSD cond<i.tion. You were not separated for your PTSD but a valid personality disorder diagnosis that rendered you unsuitable for continued service because you were unable to adapt to the Marine Corps. The Board felt you were evaluated sufficiently in Iraq and upon your return from deployment for a valid diagnosis of PTSD to be found. Despite the multiple evaluations, a PTSD diagnosis was not issued. This led the Board to conclude that your PTSD symptoms were not sufficiently impairing to warrant a diagnosis during your time on active duty. The Board noted that you suffered from a crack cocaine addiction upon your discharge that contributed to your PTSD diagnosis from the VA. The Polysubstance Dependence diagnosis convinced the Board that other intervening factors led to your PTSD diagnosis post­discharge and your PTSD symptoms were not impairing enough prior to your discharge to conclude you were unfit for continued naval service. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. The names and votes of the members of the panel will be furnished upon request. 

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 submission of new evidence within one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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. 
Sincerel y, 

Executive Director