DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 5917-17 DEC 26 2017 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions of 10 U.S.C. §1552. 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 case on its merits. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 14 December 2017. The names and votes ofthe members ofthe 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 ofyour application, together with all material· submitted in support thereof, relevant portions ofyour naval record and applicable statutes, regulations and policies. A review of your record shows that you entered active duty with the Navy in October 2001. On 5 July 2002, you were charged with Rape ofa Child (3rd Degree) in civilian criminal court and pled guilty to the offense on 17 October 2002. You were convicted on 25 November 2002 and sentenced to 14 months ofconfinement in a civilian facility. As a result ofyour civilian conviction, the Navy notified you ofadministrative separation processing for civilian conviction and commission ofa serious offense on 8 January 2003. You acknowledged and waived your rights resulting in your discharge on 5 February 2003 with an Other than Honorable characterization ofservice for misconduct. You submitted a 3 July 2017 statement to the Department ofVeterans Affairs (VA) asserting that you were suffering from a number ofmental disorders including Post-Traumatic Stress Disorder (PTSD) while you were on active duty. The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability and an upgrade to your characterization of service based on your statement to the VA that you were suffering from PTSD. Unfortunately, the Board disagreed with your rationale for relief. First, the Board concluded there was no evidence you were unfit for continued naval service due to any disability at the time ofyour discharge from the Navy. Therefore, even if you were suffering from PTSD, the Board determined you did not qualify for referral to the Disability Evaluation System. Second, there was no evidence supporting a finding that you were not mentally responsible for your misconduct. This led the Board to conclude you were properly discharged for misconduct vice disability, even if you were suffering from PTSD, since your misconduct processing would have superseded any disability processing. Third, the Board concluded that there was insufficient evidence to support an upgrade to your characterization ofservice. The Board considered all applicable policy guidance regarding the existence ofPTSD and gave liberal consideration ofthe fact you may have had PTSD at the time ofyour misconduct and how it may have influenced your behavior that led to your misconduct. Despite this liberal consideration and the mitigation it offers in your case, the Board concluded that you do not warrant an upgrade to your characterization ofservice. It reached this conclusion based on two specific findings related to your PTSD and how it related to your misconduct. One, the Board concluded that having sex with a minor between the age of 14 and 16 is atypical behavior ofa service member suffering PTSD symptoms. The Board could not draw a reasonable nexus between your asserted PTSD condition and premeditated criminal behavior that led to your conviction, incarceration and administrative separation from the Navy. Without medical evidence that shows some correlation between PTSD and having sex with a minor, the Board felt it possessed insufficient evidence to change your characterization ofservice despite the liberal consideration required under existing policy guidance. Second, the Board determined that your criminal offense that led to your administrative separation substantially outweighed the mitigation offered by the existence ofPTSD when you committed the offense. These two factors led them to conclude that the existence ofPTSD was insufficient to warrant upgrading your characterization of service. In the Board's opinion, the facts and circumstances ofyour misconduct were not outweighed by the existence ofPTSD or any related mental health symptoms. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. 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 ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director