DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1416-19 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 16 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 10 December 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. You enlisted in the Marine Corps and began a period of active duty on 22 October 1982. On 26 July 1983 and 16 August 1983, you received nonjudicial punishment (NJP) for disobeying a lawful order “not to be a part of a group called the Heat”and breaking restriction. On 17 August 1983, you were counseled concerning your frequent involvement with military authorities. On 19 March 1984, you received NJP for a brief period of unauthorized absence (UA). Again, you were counseled concerning your frequent involvement with military authorities. On 13 July 1984, you were convicted by special court-martial (SPCM) of two specifications of failing to go to your appointed place of duty and 13 days of UA. On 16 August 1984, you were notified of administrative discharge action for a pattern of misconduct due to your frequent involvement with military authorities. After being afforded your procedural rights, you elected not to have your case heard before an administrative discharge board. On 17 August 1984, your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) discharge for misconduct. On 30 August 1984, a Staff Judge Advocate reviewed your case and found it to be sufficient in law and fact. On 5 September 1984, the separation authority approved the request for your separation and directed that you be separated from the Marine Corps with an OTH discharge. On 12 October 1984, you were discharged from the Marine Corps with an OTH 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 MilitaryBoards 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 ReviewBoards 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. The AO noted that in your discharge physical, you denied having any psychological symptoms and stated you were in good health and not taking any medication. You were medically cleared for separation without additional referrals or consultation recommendations. In your personal statement, you contend you incurred PTSD as a result of being initiated into a gang in Subic Bay during which you were beaten and held by your legs out of a two-story building. You stated you were singled out by members of the command as a “racist manipulator.” You stated your doctor has diagnosed you with PTSD. You submitted a letter from a friend that stated you were diagnosed with PTSD by your doctor and, until spinal surgery, had been able to hold a job. A review of available service medical records revealed a fitness for duty evaluation at Naval Hospital on 17 May 1984. You were found to have alcohol on your breath, slowed cognition and reflexes, and were determined not fit for duty and returned to your command. There were no other medical record entries indicating any symptoms or behaviors indicative of a mental health condition. You have submitted no evidence that you had an in-service or post-discharge clinical diagnosis of PTSD as rendered by a mental health practitioner. There is no information in your military service record that you were diagnosed with PTSD or other mental health conditions. The AO concluded that based on the available evidence, there is insufficient evidence of a diagnosis of PTSD attributable to your military service that may have mitigated your in-service misconduct. 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 you were suicidal and targeted, that you have been diagnosed with PTSD since your discharge, and that you have many problems prohibiting your conditions from being service connected. Additionally, the Board considered that you were singled out as racist manipulator; when you were getting treatment for your knees, Marines of higher rank verbally assaulted you; and it got so bad that you went UA. Further, since your discharge, you have become a good citizen, are disabled because of your knees, and you want an upgrade in order to seek Department of Veterans Affairs treatment. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in three NJPs and conviction by SPCM. Further, the Board concurred with the AO, that there is insufficient evidence of a diagnosis of PTSD attributable to your military service that may have mitigated your in-service misconduct. Regarding your contention that you need VA benefits, whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you may contact the nearest office of the VA concerning your right to apply for benefits. If you have been denied benefits, you may appeal that denial under procedures established by the VA. 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.