DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10514-18 Ref: Signature Date Dear This is in reference to your application of 3 October 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. 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 10 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion furnished by a mental health professional dated 10 June 2019, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 10 January 1972. During the period from 22 December 1972 to 10 December 1974, you received four non-judicial punishment (NJP) for two periods of unauthorized absence totaling three days, two instances of being absent from your appointed place of duty, disrespect, and possession of marijuana. Additionally, after your second NJP you were counseled and warned that further misconduct, could result in administrative discharge action. You remained on active duty until you were released from active duty on 12 December 1975, with a general (under honorable conditions) characterization of service. Characterization of service is based in part on conduct marks assigned on a periodic basis. Your conduct average was 2.8. At the time of your service, a conduct average of 3.0 was required to be considered for an honorable characterization of 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 MilitaryBoards 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 ReviewBoards 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 2008 fitness for duty medical examination for . The examination noted that you were rated as 50% disabled secondary to service-connected PTSD by the Department of Veterans Affairs (VA) and that you were requesting parking accommodations so that you would not need to ride the employee shuttle bus, due to panic attacks that you experienced on the bus. The evaluation reported a trauma during your military service in which your Shipmate died in your arms of a heroin overdose. The AO noted that you were evaluated to be not fit for duty secondary to your psychological problems and worsening symptoms. Your VA doctor noted a diagnoses of PTSD and cognitive disorder unspecified. The AO found that you have a diagnosis of PTSD that can be attributed to military service. However, the AO also noted that the evidence that your misconduct should be attributed to your mental health condition is less clear. Typically, a period of stellar military service followed by an acute decline in functioning following the traumatic event is an indicator of PTSD in service. Your misconduct is varied and over the course of your entire military career. The AO noted that your first NJP was in your first year of service. The AO stated that additional post-service records, such as your complete VA medical record, describing your PTSD symptoms, and their specific relationship to your misconduct are required to render an alternate opinion. The AO concluded that based on the available evidence, there is insufficient evidence that your misconduct should be attributed to PTSD. The Board carefully weighed all potentially mitigating factors in your case, including your record of service, desire to upgrade your discharge, character letters, and letters of support. The Board also considered your assertions that you believe that living with all of your stressors on a daily basis through all of the years, more than warrant an honorable decision. You contend that you were unable to deal with the situations while in the military. You assert that you have chronic PTSD, cognitive disorder, irritable moods, and anxiety. The Board concluded these factors, and assertions, were not sufficient to warrant changing your characterization of service given your misconduct, which resulted in four NJPs, and your failure to attain the required average in conduct. Further, the Board concurred with the AO’s statement that there is insufficient evidence that your misconduct should be attributed to PTSD. 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. Sincerely,