DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9168-18 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. 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 18 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 8 July 2019 advisory opinion furnished by a mental health professional, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 30 May 1989. On 13 April 1992, you received NJP for failing to go to your appointed place of duty, and dereliction of duty. During the period from 2 March 1993 to 6 February 1994, you had two extended periods of unauthorized absence. Based on your Application for Correction of Military Record (DD Form 149), you were discharged on 17 March 1994, with an other than honorable characterization of service. With your application, you submitted an undated letter from your wife regarding a timeline of events pertaining to your military service, an undated character letter, and 1997 articles regarding a boiler explosion accident and officer death during a firing exercise. You requested that the Board consider changing your characterization of service to General (under honorable conditions). Your original service record was incomplete and did not contain any documentation pertaining to your separation from the Navy or Certificate of Release or Discharge from Active Duty (DD 214). Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. 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 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 Post-Traumatic Stress Disorder (PTSD) during your service. The AO noted that you submitted a personal statement that you have been diagnosed with PTSD from the Department of Veterans Affairs (VA), which you incurred after witnessing a friendly fire accident aboard your ship and being present for another fatal accident in which ten of your Shipmates died. No additional records were available for review. You provided no records confirming a diagnosis of PTSD. Post-service treatment records describing your mental health symptoms and their specific relationship to your military performance 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. The 12 August 2019 AO noted that you submitted no new clinical information. You submitted personal statements, including a statement that your VA records may be reviewed. No VA records or clinical records are available for review. 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 another ship struck your ship with its anti-air gun, killing the quartermaster and officer of the deck; and that you were young and scared but still did your job and faithfully served your country during Additionally, the Board considered that, a year later, your ship had a steam explosion that killed 10 of your shipmates, of which two were your close friends. You experienced a lot of trauma, and no one helped or guided you in the right direction. Further, the Board considered that you dealt with it for two years until your feelings surfaced when another sailor was killed in a helicopter incident during from which time, you lived in constant fear of getting hurt. The Board concluded these factors and assertions were not sufficient to warrant recharacterizing your discharge given your misconduct, which included significant periods of UA and an NJP for failing to go to your appointed place of duty and dereliction of duty. Further, the Board concurred with the AO’s statement that there is insufficient information to attribute your misconduct to a mental health condition. 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,