DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1190-19 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 2 June 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 19 November 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 on 7 September 1988. On 9 September 1988, you were briefed on the Navy’s policy regarding drug and alcohol abuse. During the period from 15 November 1988 to 13 December 1988, you received four nonjudicial punishments (NJPs) for failure to obey an order (underage drinking), unauthorized absence (UA), two instances of failing to go to your appointed place of duty, and making a false statement. On 14 December 1988, you were counseled concerning your previous four NJPs and warned that further misconduct could result in administrative discharge action. On 26 September 1989, you received NJP for willful disobedience of a lawful order, disrespectful language, disorderly conduct, and drunkenness. Additionally, you were counseled and warned that further misconduct could result in administrative discharge action and referred to a medical officer for evaluation of alcohol dependence. On 28 September 1989, you were informed that you had been evaluated as a drug or alcohol abuser, you possessed exceptional potential for future service, and that you were recommended for Level I treatment. You also acknowledged that failure of Level I treatment could lead to administrative discharge processing. On 25 May 1990, you were convicted by special court-martial (SPCM) of 89 days of UA and three specifications of failing to go to your appointed place of duty. On 27 June 1990, you were notified of administrative discharge action for misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense. After being afforded your procedural rights, you elected to have your case heard before an administrative discharge board (ADB). On 22 August 1990, the ADB recommended that you be discharged with a general characterization of service due to a pattern of misconduct and misconduct due to the commission of a serious offense. In addition, the ADB recommend that your discharge be suspended for a period of 12 months. On 29 August 1990, your case was forwarded to the separation authority, concurring with the findings and recommendations of the ADB that you be separated from the Marine Corps with a general discharge but not concurring with the recommendation that the discharge be suspended for a period of 12 months. On 20 September 1990, the separation authority directed that you receive a general discharge due to a pattern of misconduct, and that you be offered in-patient treatment at a Department of Veterans Affairs hospital prior to your discharge. On 5 October 1990, you were separated from the Marine Corps with a general characterization of 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. Though you did not provide any additional supporting clinical evidence of being diagnosed with PTSD post-service by the VA, there is a preponderance of evidence that you experienced a significant trauma as a crewmember on the USS on 19 April 1989, during the turret explosion that killed 47 crewmembers. You reported psychiatric symptoms and behavioral difficulties stemming from losing friends in the explosion and being assigned to the clean-up crew in the turret afterwards. This trauma could reasonably be assumed to have contributed to your misconduct following the April 1989 explosion. However, this trauma does not mitigate your misconduct prior to the April 1989 traumatic event. Based on the available evidence, there is sufficient evidence you developed PTSD as a result of your military service, and it is reasonable to attribute your misconduct occurring after the traumatic events of April 1989 to your mental health condition. The Board carefully weighed all potentially mitigating factors, such as your record of service, desire to upgrade your discharge, and that you are currently receiving 100% disability for PTSD that has been deemed service connected due to conditions suffered during your service. The Board also considered your assertion that you feel your discharge was unfair because you never received proper mental health treatment. While the Board concurred with the AO that there is sufficient evidence you developed PTSD as a result of your military service, and it is reasonable to attribute your misconduct occurring after the traumatic events of April 1989 to your mental health condition, the Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in a SPCM conviction and five NJPs, four of which were before the tragic event onboard the USS ; and because you were counseled and warned of the consequences of further misconduct more than once. 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, 7/8/2020