DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 309-17 Dear This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 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 case on its merits. A three-member panel ofthe Board for Correction of Naval Records, sitting in executive session, considered your application on 20 July 2017. Your allegations oferror 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, 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 July 1999. You were involved in deployments to combat zones in 2001 and 2003 in support of Operations Enduring Freedom and Iraqi Freedom, respectively. In 2005, you were involved in your first Driving While Intoxicated (DWI) offense which resulted in a formal counseling. Non-judicial punishment was imposed on you for unauthorized absence and absence from an appointed placed ofduty in August 2005. In January 2007, you were involved in a second DWI incident but failed to inform your chain of command resulting another counseling statement. You were also issued a citation for driving with a suspended license on 26 June 2007. As a result of your misconduct and inability to maintain body composition standards, you were processed for administrative separation in February 2008. You were discharged on 7 March 2008 with an Other than Honorable characterization of service for misconduct only. In 2012, you were rated for Post­Traumatic Stress Disorder (PTSD) by the Department of Veterans Affairs (VA). The Board carefully considered your arguments that you deserve a disability retirement, upgrade of characterization of service to Honorable, and reinstatement to paygrade E-5. Unfortunately, the Board disagreed with your rationale for relief. First, the Board concluded you were properly discharged for misconduct based on your two incidents of DWI and unauthorized absence. You readily admit to the misconduct that formed the basis for your administrative separation processing and raise no arguments regarding your competency. Therefore, based on your misconduct processing, the Board concluded that you were not eligible for disability processing even if evidence of a disability existed at the time ofyour discharge since misconduct processing superseded disability processing. Additionally, the Board concluded you were properly reduced to paygrade E-3 since you were administratively separated with an Other than Honorable characterization of service while serving in the paygrade of E-5. Second, the Board was unable to conclude that you suffered from a qualifying disability. You were not diagnosed with PTSD prior to your discharge with your VA rating occurring more than four years after your discharge. The Board concluded too many potential intervening factors exist to be able to reasonably find that your PTSD existed at the time of your discharge because it was later rated by the VA. Absent medical evidence that supports such a finding, the Board felt your VA rating was too far removed to be used as substantiating evidence of PTSD at the time ofyour discharge. Finally, the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your desire to upgrade your character of service, your misconduct, and VA disability rating for PTSD. Your diagnosis of PTSD was 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 Requests by Veterans Claiming Post-Traumatic Stress Disorder" of September 3, 2014. The memorandum recognizes provides supplemental guidance to assist these Boards in reaching fair and consistent results when considering whether medical or other evidence indicates PTSD may have contributed to or mitigated the circumstances of a veteran' s discharge from the military. In reviewing a veterans request to change the characterization ofservice, the memorandum instructs Boards to give liberal consideration to service treatment or other records documenting symptoms now recognized as PTSD existed during the time ofservice. Special consideration is given to VA determinations documenting PTSD or PTSD-related conditions connected to military service. However, the Board concluded that your VA PTSD diagnosis did not significantly mitigate the seriousness of your misconduct since no nexus could be drawn between your 2012 PTSD diagnosis and your alcohol related misconduct in 2005 and 2007. Therefore, the Board concluded that the seriousness of your misconduct outweighed any mitigation that would be offered by the PTSD. 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 ofthe 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 at this time. You are enti tied 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 of regularity 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