Docket No: 7837-18 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 16 December 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 advisory opinion (AO) furnished by a qualified Navy mental health professional dated 16 May 2019, which was previously provided to you and to which no reply was received. You enlisted in the Marine Corps and began a period of active duty on 1 December 1988. On 22 February 1989, you were counseled concerning being disrespectful towards superiors, and not being at your appointed place of duty. You were warned that failure to take corrective action could result in administrative discharge action. On 24 April 1989, you received nonjudicial punishment (NJP) for failure to go to you appointed place of duty. On 11 October 1990, you were counseled concerning two incidents of domestic violence, and numerous unauthorized absences. Additionally you were given a retention warning. On 21 August 1991, you were counseled concerning wearing your uniform in an unauthorized area, and again, given a retention warning. On 21 January 1992, you received NJP for disobeying a lawful order and dereliction of duty. On 25 February 1992, you were counseled concerning your failure to successfully complete a program with the Family Counseling Center, and given a retention warning. On 14 July 1992, you were convicted by special court-martial (SPCM) of assault. You were sentenced to a period of confinement, a forfeiture of pay, a reduction in paygrade, and a bad conduct discharge (BCD). You received your BCD on 18 March 1994. 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, “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.” 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 that in May 1997, the Naval Discharge Review Board considered your discharge, and PTSD was not raised as a mitigating factor at that time. You submitted a photo of a prescription bottle in your name that states it is for “PTSD, sleep, hallucinations,” and an excerpt from a 2008 evaluation from the Department of Veteran Affairs (VA) noting a positive screen for PTSD. You also submitted a personal statement that you incurred PTSD during deployment to Operation Desert Storm, in which you fell into a 4-foot hole during night operations. You submitted letters of support from colleagues and community members attesting to your contribution to the community. No other records were provided. Unfortunately, you submitted limited medical records in support of your statement that you incurred PTSD during service. You apparently has been diagnosed with PTSD, or are receiving medication for PTSD but there is no indication that your PTSD should be attributed to military service. Additional records, such as post-service medical records or the complete VA record describing your mental health diagnosis and symptoms and their specific link to your misconduct, are required to render an alternate opinion. 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, and request to upgrade your discharge. Additionally, that you were sent to Panama to fight in Operation Just Cause, time spent in the jungle away from civilization, and that for being in the constant rain for so long, that to this day, a rain storm or having wet clothes touch your body causes you to have flashbacks, become agitated, and have anxiety. You were sent to Desert Shield/Desert Storm where you were forced to take an unknown experimental drug to protect you from anthrax, you were exposed to sandstorms, ash, many oil-well fires, and developed anal bleeding and heavy coughing. The Board also consider your assertions that your fall into the hole caused your body to go into a state of shock, you were in a lot of pain, and upon your return to Camp Lejeune, you were not able to perform physically. You became agitated, and short tempered and had marital issues, and you made an effort to reach out to leadership for assistance but were ignored and not provide any resources. The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your misconduct that resulted in two NJPs, an SPCM conviction, and the fact that you were warned of the consequences of further misconduct on more than one occasion. The Board also concurred with the AO’s statement that based on the available evidence there is insufficient evidence to attribute your misconduct to PTSD. 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,