DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON. VA 22204-2490 
 
Docket No: 2433-17 

JUH 2 O 2018 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 10, United States Code, Section 1552. After careful and conscientious 
consideration-of the-entire record, the Board found the-evidence submitted \Vas insufficient to 
establish the existence of probable material error or injustice. Consequently, your application 
has been denied. 

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 threemember 
panel ofthe Board for Correction of Naval Records, sitting in executive session, 
considered your application on 24 April 2018. The names and votes ofthe 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 ofthis 
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, Advisory 
Opinion (AO) dated 25 January 2018, and applicable statutes, regulations and policies. 

You enlisted in the Navy on 31 July 1981. During the period from 14 December 1981 to 
5 May 1983, you received three non-judicial punishments (NJP) for two specifications of absent 
from appointed place ofduty, failure to obey a lawful order, unauthorized absence (UA) for one 
day, and wrongful use of a controlled substance. You were also in an UA status on three separate 
occasions totaling 209 days and missed ship's movement. On 19 December 1984, you were 
convicted by special court martial (SPCM) of UA totaling 505 days. You were sentence to 
confinement for 150 days, reduction to E-1, forfeiture of pay, and a bad conduct discharge 
(BCD). After the BCD was approved at all levels ofreview, on 26 March 1987, you were 
discharged. 

Your contention that you suffered from Post-Traumatic Stress Disorder (PTSD) was fully and 
carefully considered by the Board in light ofthe Secretary ofDefense's Memorandum, 
"Supplemental Guidance to Military Boards for Correction of Military/Naval Records 
Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress 
Disorder" of 3 September 2014 and the "Clarifying Guidance to Military Discharge Review 
Board 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" memorandum of 25 August 2017. 


The AO dated 25 January 2018, reviewed your record and materials regarding your assertion of 
suffering from PTSD/ Mental Health Illness. The AO noted that you claimed you suffered from 
a Mental Health condition which might have mitigated your misconduct that caused your BCD 
characterization of service. The AO noted that there were no medical records indicating a mental 
health condition ofany kind during the time of your service in the Navy. You returned 290 
pages of post service psychiatric records from SJA Health ranging from 2013 to 2017. You were 
diagnosed with Major Depressive Disorder, Major Depressive Disorder w/Psychotic Features, 
Bipolar II Disorder, Cocaine Abuse and Marijuana Abuse. There was only one statement by a 
provider throughout the records that mention a connection to your time served in the Navy. The 
AO noted that given your lengthy period of UA while in service, it was difficult to assess what 
may have been going on with you emotionally. You also used a controlled substance at least 
once in 1982 and continued to use illegal substances at least until 2017. This fact presents 
further difficulty in terms of being able to assess your mindset during your service. Based on the 
preponderance ofevents, it was the AO's medical opinion that there is insufficient evidence to support 
your contention that you suffered from mental health illness at the time ofyour service in 
the Navy. 

The Board carefully weighed all potentially mitigating factors, such as the AO, post-service 
psychiatric records from JSA Health, diagnosis from Burke Center, medical note from Dr. 
Sprabery, your desire to upgrade your character of service and contentions of PTSD/Mental 
Health Illness as a reason for your misconduct. The Board also noted that you failed to provide a 
rebuttal to the AO supporting your claim of PTSD/Mental Health Illness to the Board. The 
Board found no nexus between PTSD and your misconduct. The Board also concurred with the 
AO's statement that there was insufficient evidence to support your contention that you had 
service connected PTSD/Mental Health Illness which contributed to your misconduct. Even 
under the liberal consideration standard, the Board found that the seriousness and frequency of 
your misconduct along with your SPCM conviction merited your receipt of a BCD. 


It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption ofregularity attaches to all 
official records. Consequently, when applying for a correction ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 


Sincerely, 

Executive Director