DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8215-18 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 25 November 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 27 August 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 26 October 1971. On 7 December 1972, you were convicted by summary court-martial (SCM) of 54 days of unauthorized absence (UA). On 13 December 1972, you received nonjudicial punishment (NJP) for breaking restriction. Additionally, medical personnel determined that you represented either an extremely passive dependent, passive aggressive, or emotionally unstable personality. You showed no signs of psychosis but were regarded as being very unstable, and you were concerned that you may become violent if pushed too far. On 25 May 1973, a dispensary psychiatrist recommended that you be administratively separated from the Marine Corps. On 5 September 1973 and 1 March 1974, you received NJP for failing to go to your appointed place of duty, 41 days of UA, and failure to obey an order. On 8 March 1974, medical personnel diagnosed you with Passive Aggressive Personality Disorder and acute decompensation. On 14 March 1974, you were notified of administrative discharge action due to frequent involvement with military personnel. After being afforded your procedural rights, you elected to have your case heard before an administrative discharge board (ADB). On 20 March 1974, your case was forwarded to the separation authority with a recommendation that you be separated by reason of unfitness due to frequent involvement with military authorities. On 24 April 1974, you were the subject of an ADB. The ADB found that you were not qualified for retention and recommended that you be discharged with a general characterization of service by reason of unsuitability due to inaptitude caused by a lack of general adaptability. On 10 June 1974, the separation authority approved the ADB’s recommendation and directed that you receive a general discharge due to unsuitability. On 14 June 1974, you received a general discharge due to unsuitability. 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 Navy mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from PTSD during your service. The AO noted that you submitted no medical documentation of a mental health diagnosis. Additionally, there is no indication in your service record that you were exposed to a traumatic stressor during your military service. In-service, you did demonstrate mental health concerns that were repeatedly evaluated and determined to be related to problematic characterological traits that made it difficult for you to adapt to military service. Additional, post-service medical records describing the diagnosis and symptoms associated with any other mental health diagnosis and the specific link of those symptoms with your misconduct are required to render an alternate opinion. Based on the available evidence, there is insufficient evidence to attribute your misconduct to a mental health condition incurred during military service or a mental health condition other than your in-service diagnosed personality disorder. The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to upgrade your discharge. The Board also considered your assertions that PTSD from the caused you trouble, you were told that you could reenlist after Department of Veteran’s Affairs treatment, and you are now requesting an upgrade because you never noticed it until filing for disability. The Board concluded these factors and assertions were not sufficient to warrant recharacterizing your discharge given your frequent involvement with military authorities, which resulted in a SCM conviction and three NJPs. Further, the Board concurred with the AO’s statement that there is insufficient evidence to attribute your misconduct to a mental health condition incurred during military service or a mental health condition other than your in-service diagnosed personality disorder. 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.