DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1441-19 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. 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 9 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 Navy and began a period of active duty on 20 January 1981. During the period from 27 June 1983 to 23 August 1984, you received four nonjudicial punishments (NJPs) for disobeying a lawful order, resisting apprehension, two instances of breaching the peace, two periods of unauthorized absence (UA) totaling 41 days, and wrongful possession of marijuana. Additionally, you were counseled concerning your UA and warned that further misconduct could result in administrative discharge action. Further, you were convicted by civil authorities of driving under the influence of alcohol and refusing a breath/blood test. On 24 August 1984, you were notified of administrative discharge action for a pattern of misconduct and misconduct due to drug abuse. After being afforded your procedural rights, you elected to have your case heard before an administrative discharge board (ADB). On 14 October 1984, an ADB found that you had committed a pattern of misconduct and misconduct due to drug abuse. The ADB recommended that you be discharged from the Navy with an other than honorable (OTH) characterization of service. On 25 November 1984, your case was forwarded to the separation authority. On 15 January 1985, you were convicted by summary court-martial (SCM) of 60 days of UA, missing ship’s movement, and possession and use of marijuana. On 24 January 1985, the separation authority directed that you be discharged from the Navy with and OTH characterization of service. On 14 February 1985, you were discharged from the Navy 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, the examiner did not report any medical or mental health symptoms and found you medically qualified for release from active duty. There were no recommendations for follow up or additional consultations. On 20 March 2018, you petitioned the Board seeking to upgrade your OTH characterization of service to Honorable. In your personal statement, you stated the origin of your issues stemmed from a June 1983 plane crash onboard the in which a Sailor, with whom you changed duty sections, was killed in the crash. You stated you were a stretcher-bearer and had to make multiple trips from the flight deck to the sick bay to remove all the injured and deceased crewmembers from the aircraft. A review of available service medical records failed to reveal any entries indicating you suffered from depression, anxiety, or other psychological conditions during your military service. Other than your personal statement, you did not provide any in-service or post-discharge clinical evidence of PTSD or other mental health conditions, nor any linkage to your military service or misconduct. There is insufficient evidence of a mental health condition incurred during your military service that may have mitigated your 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 suffered a traumatic experience when you witnessed a plane crash onboard ship in which you were a stretcher-bearer and escorted some of the injured and deceased to medical. Additionally, you assert that you were not given any resources to deal with the tragedy you had witnessed, and that the accident upset you so much you started drinking to forget it. Further, you explain that you did attend a one-day alcohol class, which did not address your problems and why you started drinking, and you never received any counseling or medical attention regarding your problem. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in four NJPs, civil conviction, and conviction by SCM. Further, the Board concurred with the AO, that there is insufficient evidence of a mental health condition incurred during your military service that may have mitigated your misconduct. 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.