DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

JUL 2 9 2019 
Docket No: 3214-18/ 12020-14 

against you on the basis of your civilian conviction. You were discharged from the Navy on 24 March 1967 with an other than honorable (0TH) characterization of service. Your civilian conviction was set aside on 28 February 1968. You request an upgrade to your characterization of service based on your assertion that you suffered from undiagnosed post-traumatic stress disorder (PTSD) during your military service.
 
The Board reviewed your application in consideration of your contention that you suffered from undiagnosed PTSD. Your request 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 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" memorandum of 25 August 2017. The Board noted that you provided information from the       Counseling Program reflecting that you attended intensive outpatient therapy with six hours of group work each week and the opportunity to attend individual weekly therapy. Your therapy notes state that you did not bring up your PTSD diagnosis in your previous petition to the Board. The notes further indicate that you were the victim of pre-service sexual abuse and that the experience of such abuse caused a correlation between anger and transference of bullying by authority figures to the childhood trauma you experienced. You report that, not long after enlisting in the Navy, you were introduced to controlled substances by your shipmates, and were singled out and bullied by your command. The treatment notes conclude that you had a degree of transference during your time in the Navy. 

As part of the Board's review, a licensed clinical psychologist reviewed your assertion and the available records as well as your post-service treatment records, and issued an AO onl 1 October 2018. The AO noted that your periods ofUA could be conceptualized as symptomatic of your pre-service PTSD, and that it is possible that your marijuana use was an attempt to avoid symptoms of PTSD. The AO also noted that your antisocial behavior resulted in a personality disorder diagnosis at the time of your separation from the Navy. However, even in consideration of all of the information submitted by you and reflected in your service record, the AO concluded that there is insufficient evidence to support your contention that all of your misconduct is attributed to PTSD. The AO was provided to you, and you were given 30 days in which to submit a response. When you did not provide a response within 30 days, your case was submitted to the Board for consideration. 

The Board carefully reviewed your application and noted your contention that you suffered from PTSD at the time of your misconduct. The Board considered the conclusions of the AO and reviewed your post-service treatment records. The Board found that, although your post-service treatment record indicates that you suffered from PTSD at the time of your service, the traumatic event that caused the PTSD occurred before your enlistment in the Navy. Although the authoritarian nature of the military may have exacerbated your symptoms, the Board noted that 
your alleged misconduct included a civilian federal conviction for transporting a stolen vehicle across state lines. Despite the set-aside of the at that conviction in 1968, the Board found that you were properly separated on the basis of the civilian findings. The Board concluded that, since your PTSD is neither service connected nor aggravated by your service, and in consideration of your pre-discharge civilian conviction, your 0TH characterization of service was appropriately assigned. The Board found that your current discharge was not issued erroneously or unjustly, and corrective action is not warranted. 

It is regretted that the circumstances of your current reconsideration petition are such that favorable action cannot be taken again. You are entitled to have the Board reconsider its decision upon the submission of new matters. New matters are those not previously presented to or considered by the Board. In the absence of sufficient new and material evidence for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction.
 
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,