DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1195-19 /4336-17 Ref: Signature Date Dear : This letter is in reference to your reconsideration request dated 6 January 2019. 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 2 June 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 the 20 August 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you, and the updated 16 September 2019 AO, which is enclosed. You presented as new evidence, a statement that you went UA to “get away” from the Marine Corps so you could stop drinking successfully; letters of support from fellow Marines; certificates of completion of higher education, including a bachelor of science degree and a master of business administration degree; and an April 2018 compensation and pension examination note from the Department of Veterans Affairs (VA). Additionally, you assert that you have been diagnosed with post-traumatic stress disorder by a VA physician. In rebuttal to the advisory opinion, you submitted a copy of your certificate of meritorious mast. After careful and conscientious consideration of the entire record, the Board determined that your statement and evidence you provided, even though not previously considered by the Board, were insufficient to establish the existence of 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 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 PTSD during your service. The AO noted that you have a diagnosis of PTSD that your VA examiner has determined can be attributed to military service. However, the AO also noted discrepancies in the timeline of your exposure to your first traumatic event and your service record. Therefore, it is less clear that all of your misconduct should be attributed to PTSD. In-service, you were diagnosed with alcohol use disorder, and it is reasonable to attribute your misconduct to alcohol use disorder, as it appears that alcohol was involved in your misconduct. It is possible that your alcohol use disorder was exacerbated by emerging PTSD symptoms, but it is less reasonable to attribute all of your misconduct to PTSD. The AO concluded that, based on the preponderance of the evidence, there is insufficient evidence to attribute all of your misconduct to PTSD incurred during military service. In rebuttal to the 20 August 2019 AO, you submitted a personal statement and excerpts from your service record, including your Meritorious Mast Certificate, chronological record, and record of service aboard ship, which conflict with your combat history, expeditions, and awards record in your official military personnel file, regarding when you arrived onboard the USS . According to the updated 16 September 2019 AO, the date of your arrival onboard the USS is pertinent concerning the level of traumatic exposure you incurred regarding refugees. You have submitted no new medical evidence. The updated AO concurred with the original AO. 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. Enclosure