DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8661-18 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 2 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 17 May 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. You enlisted in the Navy and began a period of active duty 10 January 1990. On 29 November 1990, you received nonjudicial punishment (NJP) for unauthorized absence (UA). On 30 November 1990, you were counseled about your habitual absence and warned that further deficiencies could result in administrative discharge action. On 21 February 1991 and 14 March 1991, you received NJP for two periods of UA. Subsequently, you were notified that you were being administratively separated from the Navy due to a pattern of misconduct. After being afforded all of your procedural rights, you waived your right to request to have your case heard before an administrative discharge board. On 15 March 1991, your case was forwarded to the separation authority with the recommendation that you be discharged from the naval service with an other than honorable (OTH) characterization of service due to a pattern of misconduct. On 21 May 1991, the separation authority directed that you receive an OTH discharge due to a pattern of misconduct. On 28 March 1991, you were discharged with an OTH discharge. 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 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 you were evaluated by psychiatry due to your poor attitude and performance. You were diagnosed with a passive aggressive personality disorder, with borderline features. You submitted a statement that you incurred PTSD during your military service. You submitted a list of medications from 2014 and 2015. You submitted a 2018 letter of good standing that you have been an ordained independent Christian minister since 2011. Unfortunately, you submitted no evidence of a diagnosis of PTSD, aside from your statement. In-service, you were determined to be suffering from characterological traits. A personality disorder is considered a lifelong disorder and is not attributed to military service. It was opined that based on the available evidence, there is insufficient evidence to attribute your misconduct to PTSD. Additional records, such as post-service medical records describing your PTSD symptoms and their specific link to your misconduct are required to render an alternate opinion. 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 it was determined that you had a medical condition and that a recommendation by psychiatric doctor was not followed and this is why you received the type of discharge you did. Additionally, that you suffered from PTSD and that it contributed to your situation. The Board concluded these factors and assertions were not sufficient to warrant re-characterizing your discharge given your misconduct that resulted in three NJPs, and subsequent administrative discharge. Further, the Board concurred with the AO’s statement that 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,