DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1002-19 Ref: Signature Date 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 19 May 2020. 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 28 January 2020 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 on 6 September 1990. On 21 September 1991, you received nonjudicial punishment (NJP) for assault. Additionally, you were counseled and warned that further misconduct could result in administrative discharge action. On 20 November 1991, you received NJP for larceny. Later that day, you were notified of administrative discharge action by reason of misconduct due to commission of a serious offense. After being afforded your procedural rights, you elected to waive your right to request to have your case heard before an administrative discharge board. You case was forwarded to the separation authority, recommending that you be discharged with an other than honorable (OTH) characterization of service for misconduct due to the commission of a serious. On 26 November 1991, the separation authority directed that you receive an OTH discharge for misconduct. On 24 January 1992, you were discharged from the Navy with an OTH characterization of service. 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 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 further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from a mental health condition during your military service. The AO noted that you were diagnosed with Post-Traumatic Stress Disorder (PTSD) and antisocial personality disorder in 2013, however, there is no information regarding your PTSD diagnosis to attribute it to military service. Your misconduct is consistent with the personality disorder diagnosis, which is a description of lifelong problematic characterological traits. The AO concluded that, based on the preponderance of the evidence, there is insufficient evidence that your misconduct should be attributed to in-service PTSD. The Board carefully weighed all potentially mitigating factors, such as your record of service and your desire to upgrade your discharge. The Board also considered your assertions that you believe you were suffering from anxiety, depression, nightmares, and other types of mental illness while in the Navy; that you have recently been diagnosed with PTSD and anti-social disorder; and when you were discharged, the Navy did not recognize PTSD. The Board also considered that your medical documents confirm that you suffer from anxiety and depression, have significant hearing loss and degenerative knee arthritis, and that you need medical help. The Board concluded these factors and assertions were not sufficient to warrant an upgrade in the characterization of your discharge given your misconduct that resulted in two NJPs. Further, the Board concurred with the AO that there is insufficient evidence that your misconduct should be attributed 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, 6/5/2020 Docket No: 1002-19