DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 11115-18 Ref: Signature date Dear This is in reference to your application of 15 November 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 30 January 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. The Board also considered an advisory opinion (AO) from a mental health professional dated 15 August 2019. The AO was provided to you on 19 August 2019, and you were given 30 days in which to submit a response. When you did not respond within 30 days, your case was submitted to the Board for review. You enlisted in the Navy and began a period of active service on 19 July 2001. On 20 November 2003, you received non-judicial punishment (NJP) for disrespect toward a master chief petty officer, assaulting a first class petty officer, false swearing, and underage drinking. On 14 July 2003, you were counseled in writing for drunken/reckless operation of a vehicle, false official statements, failure to obey an order, and underage drinking. On 15 September 2003, you received a second NJP but the documentation is not in your official military personnel file. Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct due to a pattern of misconduct and commission of a serious offense. After election of your rights, your commanding officer, the discharge authority, directed a general, under honorable conditions (GEN), discharge by reason of misconduct due to pattern of misconduct. On 23 September 2003, you were discharged with a GEN characterization of service. Your request for a change to your characterization of service was reviewed in consideration of your contention that you suffered from Post-Traumatic Stress Disorder (PTSD). 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, “ClarifyingGuidance 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.” As part of the Board’s review, a mental health professional reviewed your request and provided the Board with an AO on 15 August 2019. The AO noted you have been diagnosed by the Department of Veterans Affairs (VA) with PTSD which can be attributed to military service. However, the AO stated it is less clear that your misconduct should be attributed to PTSD. Based on the available evidence, the AO concluded there is insufficient evidence to attribute your misconduct to a mental health condition other than alcohol use disorder. The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that your discharge is related to PTSD or “other mental health conditions that were not treated.” TheBoard concurred with the AO’s determination there was insufficient evidence in the record to attribute your misconduct to PTSD or any other mental health condition. In the end, the Board determined there was insufficient evidence to establish an error or injustice that warrants an upgrade to your characterization of 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. Sincerely,