DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 674-18 May 30 2019 Dear This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After 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. 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 4 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 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 a 22 March 2018 advisory opinion (AO), a copy of which was mailed to you on 30 March 2018. You enlisted in the Navy and began a period of active duty on 27 June 1990. On 25 November 1992 and 25 February 1993, you received nonjudicial punishment (NJP) for failing to obey a lawful order, by driving your privately owned vehicle on base while under a suspension, and wrongfully consuming alcoholic beverages on base while under the legal age of 21. On 3 March and 30 April 1993, you were counseled regarding a pattern of misconduct, and an alcohol related incident. You were warned that further misconduct could result in administrative discharge. On 17 September 1993, you received NJP for two days of unauthorized absence (UA), and making a false official statement. Subsequently, administrative discharge action was initiated. The separation authority directed that you receive an OTH discharge, which was executed on 1 December 1993. You requested an upgrade of your characterization of service on the basis that you suffered from unrecognized post-traumatic stress disorder (PTSD) at the time of your military service. 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 Board 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, 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 Navy mental health professional provided the Board with an AO regarding your assertion that you suffered from PTSD during service. You state that you were diagnosed with PTSD from a Veterans Affairs hospital and contend that, although the alleged PTSD diagnosis was not service related, that it was exacerbated by service and contributed to your misconduct. You explained that you believe you had PTSD from childhood, and submitted treatment records showing you received mental health treatment between 2010 and 2011. However, there is no diagnosis of PTSD in the documents your provided. A completed psychiatric intake noted, “PTSD screen negative.” The AO opined there was insufficient evidence to support that you have PTSD or any other condition that existed during service. The Board carefully weighed all potentially mitigating factors, such as your record of service, as well as your assertions that you suffered from PTSD that was exacerbated by your service. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct which resulted in three NJPs, one of which was after you had been warned twice of the consequences of further misconduct. The Board concurred with the AO that, given the absence of clinically supporting evidence, there is insufficient evidence to support that you had a mental health condition that contributed to your misconduct. 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