DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6698-17 5473-10 APR 16 2019 This is in reference to your application for correction of your naval record pursuant to 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 of limitations and consider your application on its merits. A three­ member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 December 2018. The names and votes of the 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 consisting of your application, together , with all material submitted in support thereof, relevant portions of your naval record, Advisory Opinion (AO) dated 21 November 2017, as well as applicable statutes, regulations, and policies. You enlisted in the Navy on 16 May 1989. On 8 March 1990, you received non-judicial punishment for disrespect towards a superior petty officer. On 30 September 1993, you were convicted by special court-martial of wrongful appropriation of a military ID card, theft of six blank checks, uttering six bad checks, wrongfully using another person's military ID, and wrongfully altering another person's military ID. You were sentenced to reduction to E-1, forfeiture of pay, and a bad conduct discharge (BCD). On 11 August 1995, after appellate review, you received the BCD. 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 of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment" memorandum of 25 August 2017. As part of its review of your application, on 21 November 2017, the Board obtained an AO from a qualified medical professional. According to the AO, you provided materials demonstrating that you were diagnosed with PTSD and Major Depressive Disorder on 4 November 2017, that you had prior contact for mental health issues on 6.June 2016, and that you have current symptoms of depression and anxiety. The AO further noted, however, that you did not provide clinical documentation describing the incident that caused PTSD, that there is no documentation concerning the duration of your symptoms and treatments, that there are no psychiatrists' notes, that there are no in-service medical records that document psychiatric symptoms, and that there are no supporting medical documents to corroborate symptoms of PTSD from 1995 to 2017. The AO thus concluded that there is insufficient evidence to support your contention that PTSD contributed to your misconduct that resulted in a BCD. The Board carefully weighed all potentially mitigating factors, such as the AO, post-service PTSD diagnosis, 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. 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. Even under the liberal consideration standard, the Board found that the seriousness of your misconduct merited a BCD. 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 of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate th~ ex1stende of probable matenal error or mJustice. Sincerely, Executive Director