DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2907-17 JUN 1 9 2018 This is in reference to your application for correction of your naval record pursuant to the provisions of title l0 of the 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 ofprobable 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 of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 April 2018. The names and votes of the member ofthe 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 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, applicable statutes, regulations, and policies, and the Advisory Opinion (AO) from the Bureau of Medicine and Surgery (BUMED) 5740 Ser M34/l 7UM34329. You reenlisted in the Navy on 3 November 1993, after four years ofprior service. You served for a year and five months without disciplinary incident, but during the period from 19 April 1995 to 28 June 1995, you were convicted by special court-martial (SPCM) on two occasions. Your offenses were unauthorized absence (UA) from your unit for periods totaling 31 days, failure to go to your appointed place ofduty and wrongful use of cocaine. You were sentenced to confinement, a forfeiture ofpay, reduction in paygrade and a bad conduct discharge (BCD). The BCD was approved at all levels ofreview and on 26 January 1996, you were discharged. You requested an upgrade to your discharge characterization on the basis that you were suffering from Post-Traumatic Stress Disorder (PTSD) at the time of your military service. Your request was fully and carefully considered by the Board in light ofthe 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 of 25 August 2017. BUMED also reviewed your request for correction to your record and provided the Board with an AO, regarding your assertion of suffering from PTSD. The AO noted that your in-service medical record contained no specified mental health symptoms consistent with PTSD and you did not provide any post service clinical documentation to support a diagnosis of PTSD. The AO concluded that based on the preponderance ofthe evidence, it is AO's medical opinion there is insufficient evidence to support your contention that you had service connected PTSD which contributed to your misconduct. · The Board carefully weighed all potentially mitigating factors, such as your deployment to Southwest Asia in support of Operation Desert Shield/Storm, and your contentions that you were involved in a ferry boat accident off of that killed 21 Sailors and that you suffered from unrecognized PTSD during you time in service which might have mitigated the misconduct that caused the BCD discharge. The Board concurred with the AO's statement, there were no in-service medical records submitted which specified mental health symptoms consistent with PTSD. Job performance scores did not diminish significantly after your deployment suggesting that it did not impact your ability to perform your job. There was a three year gap between your deployment experiences and misconduct. Finally, there was no post service clinical documentation provided to support a diagnosis of PTSD. Even under the liberal consideration standards, the Board found that the seriousness of your repeated misconduct that resulted in wrongful drug use in light of the Navy's policy of"zero tolerance" was significant enough to merit the BCD. The Board in its review discerned no impropriety or inequity in your discharge. The Board believes that you are eligible for veterans' benefits which accrued during your prior period of service. However, your eligibility is a matter under the cognizance ofthe Department of Veteran Affairs (OVA). In this regard, you should contact the nearest OVA office concerning your rights, specifically, whether or not you arc eligible for benefits based on these periods of service. 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 of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, Executive Director