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

Docket No:  8646-18 1316-06 
Ref:  Signature Date 

Dear 

This letter is in reference to your reconsideration request dated 19 September 2018.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.
   
Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application.  Your current request has been carefully examined by a three-member panel of the Board, sitting in executive session on 10 February 2020.  The names and votes of the members of the panel will be furnished upon request.  Documentary material considered by the Board consisted of your application and all material submitted in support of your application.  In addition, the Board considered the15 August 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you, and your rebuttal to the AO dated 9 September 2019.
 
As new evidence, you presented a statement that you were suffering from unrecognized Post-Traumatic Stress Disorder (PTSD) during your military service, a 9 September 2019 PTSD diagnosis from a medical doctor who is board certified in psychiatry, and letters in support of your character from community leaders.  You believe that during your military service you were not in good mental health, so you decided to self-medicate to help you cope.  Unfortunately, the Board was unable to find a nexus between your misconduct and PTSD diagnoses and after careful and conscientious consideration of the entire record, the Board determined that the evidence you provided, even though not previously considered by the Board, was insufficient to establish the existence of probable material error or injustice and thus not material. 

You request an upgrade of your characterization of service on the basis that you suffered from a mental health condition during 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.
 
A Navy mental health professional further 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 in your pre-enlistment paperwork, you reported prior marijuana use. In January 1983, you were discharged after one month of alcohol rehabilitation treatment. Upon your discharge, you were diagnosed with probable alcohol dependence and a history of marijuana use.  When you were discharged in June 1985, you did not report any mental health symptoms in your discharge physical.  In-service, you were diagnosed with what would now be considered alcohol use disorder. Despite your rebuttal, the Board concurred with the AO that there was no nexus between your misconduct and the post-service PTSD diagnosis.  Rather your misconduct was the result of misuse of alcohol. 
 
It is regretted that the circumstances of your reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 

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,