DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6995-18 Ref: Signature Date Dear This is in reference to your application 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. A three-member panel of the Board, sitting in executive session, considered your application on 28 October 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 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 2 July 2019 advisory opinion (AO), which was previously provided to you and to which no rebuttal was received. You enlisted in the Navy and began a period of active duty on 25 January 1972. On 9 May and 6 September 1973, you received nonjudicial punishment (NJP) for three periods of unauthorized absence (UA) totaling over 50 days. During the period from 6 September 1973 to 21 August 1974, you had three periods of UA totaling 172 days. On 29 August 1974, you submitted a written request for an undesirable discharge for the good of the service in order to avoid trial by court-martial for 172 days of unauthorized absence. Prior to submitting this request for discharge, you conferred with a qualified military lawyer, were advised of your rights, and warned of the probable adverse consequences of accepting such a discharge. On 16 September 1974, you began another period of UA. On 17 September 1974, your request was forwarded to the separation authority recommending approval. You returned from your period of UA on 6 January 1975. On 6 January 1975, you received NJP for 112 days of UA. Subsequently, your request for discharge was granted and on 30 January 1975, you received an other than honorable discharge in lieu of trial by court-martial was issued. As a result of this action, you were spared the stigma of a court-martial conviction, the potential penalties of a punitive discharge, and confinement at hard labor. You request 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 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 qualified Navy mental health professional further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion you were suffering from PTSD during your service. The AO noted, in part, that you provided no post-service mental health treatment records indicating that you have a diagnosis of PTSD. Your UA does follow the period of time in which your ship was stationed near Vietnam, so it could be related to avoidance symptoms but additional information is required to render an opinion. Post-service treatment records describing your PTSD symptoms and their specific relationship to your military performance are required. At this time, based on the available evidence, it was opined that there is insufficient evidence to attribute your misconduct to PTSD. The Board carefully weighed all potentially mitigating factors, such as your record of service, request to upgrade your discharge, claim of being diagnosed with cancer, needing help with your medical bills, and that you were told you were ineligible for Department of Veterans Affairs (VA) care. The Board also considered your assertions that you suffered from PTSD because your ship ( was involved in a collision with another ship ( and you did not want to experience another collision, after the collision you were nervous and anxious about being at sea. Additionally, when you returned to the states, you were stressed, unable to cope, and shortly after returning, you went home to help your grandmother care for your sick uncles, becoming AWOL due to a hardship in your family. The Board concluded these factors and assertions were not sufficiently supported to warrant recharacterization of your discharge given your two NJPs, charges being referred to a court-martial for a lengthy period of UA, and your request for discharge. The Board believed that considerable clemency was extended to you when your request for discharge was approved. Further, the Board concurred with the AO’s statement that there is insufficient evidence to attribute your misconduct to PTSD. The VA determines benefits under its applicable statutes and regulations. You may be eligible for VA benefits based on a limited period of your service despite your discharge. You may contact the nearest VA office if you desire clarification about eligibility based on a limited period 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.