DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8879-17 Ref: Signature date This letter 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 for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. A three-member panel of the Board, sitting in executive session, considered your application on 25 March 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the enclosed 21 February 2019 advisory opinion (AO) which was previously provided to you and your response to the opinion. You enlisted in the Navy and began a period of active duty on 9 January 1987. On 21 January 1987, you were counseled regarding being demotivated, having a negative attitude, and an adjustment disorder. You were warned that failure deficiencies in your performance or conduct my result in disciplinary action and/or processing for administrative discharge. On 22 January 1987, you were notified that administrative discharge action had been initiated to separate you from the Navy. On 22 January 1987, you commanding officer forwarded your case to the separation authority stating that you had been discharged due to Other Physical/Mental condition, not a disability interfering with the performance of duty on 28 January1987. You request an upgrade of your characterization of service on the basis that you suffered from a mental health condition during your military service. Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s 3 September 2014 memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of, the 25 August 2017 memorandum “Clarifying Guidance to Military Discharge Review Boards 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,” and the 25 July 2018 memorandum, “Guidance to Military Discharge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” A qualified Navy mental health professional reviewed your request and provided the Board with an AO regarding your assertion that you suffered from a mental health condition during your service. The AO noted, in part, that you were diagnosed with an adjustment disorder with mixed emotional features and what would now be called a specific phobia of water. The AO also noted that during your service you were diagnosed with an adjustment disorder and a specific phobia of water. While your adjustment disorder can be attributed to military service, as it describes the stress that you experienced during recruit training as well as personal stresses you were undergoing at the time with recent deaths of two family members. Conversely, your phobia of water cannot be attributed to military service, as it stems from a drowning death witnessed by you five years before entering the Navy. You submitted reports from a psychologist with the Department of Corrections, that list a diagnosis of Post-Traumatic Stress Disorder (PTSD) and indicated that you reported three prior assaults, including two assaults by inmates in your cell, with at least one assault leading to significant injuries. Your post-service diagnosis of PTSD cannot be attributed to military service but is more likely attributed to the assaults that you incurred during incarceration. It is opined that there is evidence that you suffered from a mental health condition during your military service, which led to your entry level separation. The Board, in its review of your entire record and application, carefully considered the mitigating factors to include your desire to change your characterization of service and that you need medical and mental health help. The Board, however, concluded that these factors were not sufficient to warrant changing your characterization of service given your separation on diagnosis of an adjustment disorder. Additionally, the Board concurred with the AO that there is insufficient evidence to support your contention that you suffered from a mental health condition that contributed to your misconduct. The Board noted that you were notified of your separation process within 180 days of the beginning of your period of active service. Navy directives authorize an uncharacterized Entry Level Separation if the processing of a Marine’s separation begins within 180 days of active duty. It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new matters. New matters 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