DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7469-17 Dear This is in reference to your application for correction of your naval record pursuant to the provisions of 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 8 January 2019. 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 consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, an advisory opinion (AO) dated 5 December 2017, applicable statutes, regulations, and policies. You enlisted in the Marine Corps on 7 December 1998. During the period from 15 February to 5 March 1999, you were counseled on two occasions regarding your medical incapability to complete training as a result of chronic right knee pain secondary to biomechanical anomalies. As a result, your commanding officer (CO) recommended an uncharacterized characterization of service due to entry-level performance and conduct. The discharge authority directed that you be discharged with an uncharacterized character of service due to entry-level performance and conduct. On 24 March 1999, 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 of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment" memorandum of 25 August 2017. A qualified mental health provider also reviewed your request and provided the Board with an AO dated 5 December 2017, regarding your assertion that you suffer from PTSD. The AO noted that your record does not reflect, and you did not provide details about any purported traumatic experience event. The AO also noted that on 17 February 1999, you were medically evaluated for headaches and suicidal ideation, and received a possible diagnosis of an adjustment disorder due to slamming your head against the wall after being counseled for lack of motivation the day before. Psychological evaluation performed on 18 February 1999, reflected that you were unmotivated because your training was to be extended and you wanted to go home and see your father and brothers, and that you did not meet the criteria for a mental health diagnosis. Moreover, there is no in-service medical documentation supporting a diagnosis of PTSD, and there is no post-service medical documentation available for review. The AO thus concluded that there is insufficient to support your contention that you suffered from PTSD at the time of service. You were provided the AO and an opportunity to respond, but you did not do so. The Board carefully weighed all potentially mitigating factors, such as the AO and your desire to upgrade your characterization of service, as well as your contention that PTSD contributed to your performance. The Board found no nexus between PTSD and your characterization of service at discharge. The Board also concurred with the AO that there was insufficient evidence to support your contention that you had service-connected PTSD that contributed to your discharge. The Board noted that you were notified of your separation processing within 180 days of the beginning of your period of active service. Applicable regulations authorize an uncharacterized entry-level separation if the processing of an individual's separation begins within 180 days of the individual's entry on active service. Even under the liberal consideration standard, the Board found that your characterization of service at discharge, merited your receipt of an uncharacterized characterization of service, a separation code of “JGA1,” and a reenlistment code of “RE-3P.” 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 material. New materials are those not previously presented to or 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 the existence of probable material error or injustice. Sincerely, Executive Director 2