DEPARTMENT OF THE NAVY 

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


Docket No: 4188-17 
OCT 2 5 2018 

Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions ofTitle 10, United States Code, Section 1552. After careful and conscientious 
consideration ofthe 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 oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 17 July 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 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 9 January 2018, and applicable statutes, regulations and policies. 

You enlisted in the Marine Corps on 14 March 1989. On 10 August 1992, you received nonjudicial 
punishment (NJP) for wrongful use ofa controlled substance (PCP). Subsequently, you 
were notified ofadministrative separation by reason ofmisconduct due to drug abuse. After you 
waived your procedural rights, your Commanding Officer (CO) recommended discharge under 
other than honorable (OTH) conditions by reason of misconduct due to drug abuse. The 
discharge authority approved this recommendation and directed separation under other than 
honorable conditions. On 16 October 1992, you were discharged. 

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. 

An AO also reviewed your request for correction to your record and provided the Board with an 
AO dated 9 January 2018, regarding your assertion of suffering from PTSD. The AO noted that 
you claimed you developed PTSD or was suffering from PTSD related disorder which might 
have mitigated your drug use that caused your OTH discharge. On 10 July2017, a letter 
provided by Ms.H indicated that she diagnosed you with PTSD and recommended you 
participate in further therapy. The letter provided is not considered sufficient evidence for a 
comprehensive medical opinion. Ongoing treatment provided by a fully licensed clinician would 
be sufficient in order to ethically confirm or deny the existence of PTSD. It is the AO's opinion 
that based on the preponderance ofevidence, there is insufficient evidence to support you 
suffered from PTSD at the time ofyour service. 

The Board carefully weighed all potentially mitigating factors, such as the AO, the letter from 
Ms. H, your desire to upgrade your character of service and contention of PTSD 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 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 which contributed to 
your misconduct. 

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 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