DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2517-17 JUN 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 was 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 oflimitations and consider your application on its merits. A threemember panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 April 2018. The names and votes of the members of the panel will be furnished upon request. Your allegations oferror 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, Advisory Opinion (AO) dated 3 October 2017, and applicable statutes, regulations and policies. You enlisted in the Navy on 10 February 1969. During the period from 17 May 1969 to 26 March 1970, you received three non-judicial punishments (NJP) for failure to obey a lawful order, public intoxication, possession of an unauthorized vehicle pass, disobeying a lawful order, wrongful possession of marijuana, and wrongful use of marijuana. You elected to consult with legal counsel and subsequently requested an Administrative Discharge Board (ADB). The ADB found that you committed misconduct due to drug abuse and recommended you receive an other than honorable (OTH) discharge. The separation authority concurred with the ADB and directed an OTH discharge by reason of unfitness. On 31 March 1970, you were discharged. On 13 January 1972, the Navy Discharge Review Board (NDRB) changed your characterization of service to general under honorable conditions. Your contention that you suffered from Post-Traumatic Stress Disorder (PTSD) was fully and carefully considered by the Board in light of the Secretary of Defense'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 oftheir Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment" memorandum of25 August 2017. BUMED also reviewed your request for correction to your record and provided the Board with an AO dated 3 October 2017, regarding your assertion of suffering from PTSD. The AO noted that you claimed that martial difficulties contributed to your drug use. You did not specify any service connected traumatic events that you experienced while in the Navy. About 46 years after discharge on 1 December 2016, you were awarded 100% service connected disability for an unspecified medical condition by the VA. Other than your marital difficulties, you did not specify any service connected traumatic events stateside or in Vietnam. In-service documentation attested to your drug abuse, but there were no symptoms mentioned that were consistence with the diagnosis of PTSD. It is the opinion of the AO that there is insufficient evidence to support your contention that you had service connected PTSD which contributed to his misconduct. The Board carefully weighed all potentially mitigating factors, such as the AO, rebuttal to the AO, service connected disability from VA, your desire to upgrade your character ofservice and contention of PTSD as a reason for your misconduct. 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 which contributed to your misconduct and discerned no impropriety or inequity in your discharge. It is regretted that the circumstances ofyour 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 of an official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director