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

Docket No: 7007-18
Ref: Signature date

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 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
23 September 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 7 January 2019 advisory opinion (AO) furnished by a Mental Health professional. The AO was provided to you on 25 March 2019, and you were given 30 days in which to submit a response. When you did not provide a response, your case was submitted to the Board for consideration.

You enlisted in the Navy and began a period of active duty on 7 March 1983. During the period from 23 May 1984 to 25 July 1984, you received three nonjudicial punishments (NJPs) for misconduct including dereliction of duty by failing to take proper readings on operating equipment, signing a false official record, wrongful possession of an identification card with a false date of birth, being absent from restricted muster, and disobeying a lawful order. On 5 June 1985, you were convicted by summary court-martial (SCM) of unauthorized absence (UA), two specifications of disobeying a lawful order from a superior, and intentionally injuring yourself. On 28 October 1985, you received NJP for being found unfit for duty due to over indulgence in intoxicating liquor. On 1 November 1985, you were counseled regarding your NJPs and SCM conviction. You were warned that further misconduct could result in administrative discharge action. On 27 January 1986 and 13 February 1986, you received NJP for being absent from your appointed place of duty and UA. On 1 April 1986, you were informed you were not recommended for reenlistment, and on 25 March 1986, you were honorably released from active duty within three months of your term of obligated service, and transferred to the Navy Reserve. At that time, you were assigned an RE-4 reentry code. You were honorable discharged on 4 September 1988.

You request an upgrade of your reentry code on the basis that you suffered from post-traumatic stress disorder (PTSD) as a result of traumatic brain injury (TBI) during 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,” of 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.”

As part of the review process, a Navy mental health professional reviewed your request and provided the Board with an AO regarding your assertions that you were suffering from PTSD as a result of TBI during your military service. The AO noted, in part, that in October 1983, you were diagnosed with probable agoraphobia; a rule-out diagnosis of simple phobia, claustrophobia type; and immature personality features due to panic attacks that you were experiencing while in dive school. You received four relaxation treatment sessions to address your anxiety. In your current request for review, you submitted a statement that you incurred PTSD and TBI during your military service. You submitted disability paperwork from the Department of Veterans Affairs (DVA) which does not list a diagnosis.  No additional post-service treatment records were available for review. The AO noted that, unfortunately, you have provided no post-service treatment records with a mental health diagnosis for review. You provided a statement that you incurred PTSD and a TBI during your military service but no DVA documentation supporting your claims. Your service record indicates mental health treatment for anxiety and alcohol use, which may have been considered when you were discharged with an honorable discharge. The AO determined that, based on the information available, there is no indication that your reentry code was incorrectly assigned. Generally, it is recommended that post-service treatment records documenting an extended period of mental health stability across a range of stressful circumstances be provided prior to revising the reentry code. The AO determined that, at this time, based on the available evidence, there is insufficient evidence to revise your reentry code.

The Board carefully weighed all potentially mitigating factors in your case, including your record of service, and desire to upgrade your discharge. The Board also considered your assertions that you suffered from two separate TBI’s as well as PTSD from injuries sustained while on board ships, and that because of the injuries your ability to control many of your emotions suffered greatly. However, the Board concluded that these factors and assertions were insufficient to warrant changing your reentry code, which was based on your disciplinary record and substandard behavior. In this regard, an RE-4 reentry code is required when a sailor is separated at the expiration of their term of active obligated service and is not recommend for retention. Further, the Board concurred with the AO’s statement that there is insufficient evidence to revise your reentry code.

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,