Docket No: 10274-18 Ref: Signature Date Dear : This is in reference to your application of 19 August 2018 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 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, sitting in executive session, considered your application on 3 February 2020. 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, and applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion (AO) furnished by a mental health professional dated 15 August 2019, which was previously provided to you, and an updated AO dated 12 September 2019, which is enclosed. You enlisted in the Navy and began a period of active duty on 27 February 1979. During the period from 6 November 1980 to 30 July 1981, you received non-judicial punishment (NJP) for two instances of disobeying a lawful order, three periods of unauthorized absence (UA) totaling 16 days, missing movement, throwing a homemade flashlight over the side, while your ship was at sea, and breaking restriction. Based on your Certificate of Release or Discharge from Active Duty (DD Form 214) you received general discharge on 3 August 1981. Although your original service record was incomplete and did not contain any documentation pertaining to your separation from the Navy, the Board noted that you provided no evidence to support your assertions. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials involved in processing your separation acted in accordance with governing law and in good faith. 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,” 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 mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you was suffering from a mental health condition during your service. The AO noted, that you submitted a statement that you incurred PTSD witnessing a May 1981 crash on the . You also provided a disability determination letter from the Department of Veterans Affairs (VA) with no indication of the diagnosis leading to a 70% service-connected disability rating. No additional records were available for review. The AO notes that you state that you have a diagnosis of PTSD that can be attributed to military service. Unfortunately, you submitted no medical documentation of a mental health condition. The AO states that additional, post-service medical records describing your mental health symptoms and their specific link to your military misconduct are required to render a comprehensive opinion. The AO notes that the majority of your misconduct occurred prior to the May 1981 traumatic incident onboard your ship, so it is more likely that your UA after the trauma represents a continuation of misconduct rather than a symptom of PTSD. The AO opines that based on the available information, there is insufficient evidence to attribute your misconduct to a mental health condition incurred during your military service. On 12 September 2019, an updated AO states that you submitted a personal statement that you incurred physical illness working with batteries onboard the ship. You submitted a June 2019 encounter note listing mental health diagnoses of Post-Traumatic Stress Disorder (PTSD) and anxiety. You submitted a June 2017 outpatient evaluation listing diagnoses of PTSD, chronic pain syndrome, persistent depressive disorder, and mixed anxiety disorder (generalized anxiety and panic disorder) and describing chronic PTSD from “a terrible accident when a plane ran into the ship killing several of your friends.” You have a diagnosis of PTSD, and there is evidence that this diagnosis is related to the crash onboard your ship during your military service. Unfortunately, the updated AO notes that your misconduct largely pre-dates the accident and concluded that, more likely than not, it is unrelated to your PTSD. The Board carefully weighed all potentially mitigating factors in your case, including your record of service, and desire to upgrade your discharge. The Board also consider your assertions that at the time of your discharge, unknown to you, you believe you were suffering from PTSD stemming from the plane crash onboard your ship and that you were in fear and needed to escape the dangers of carrier duty and accept an early discharge. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your misconduct, which resulted in three NJPs. Further, the Board concurred with the AO’s statements that there is insufficient evidence to attribute your misconduct to a mental health condition incurred during military service. 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 the submission of new matters, which will require you to complete and submit a new DD Form 149. 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.