DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1739-19/10863-08 Ref: Signature Date This letter is in reference to your reconsideration request dated 12 November 2018. 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 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 28 April 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 9 September 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. You presented as new evidence, a letter from the Department of Veterans Affairs (VA) granting service connection for treatment purposes only for Traumatic Brain Injury (TBI) and unspecified bipolar disorder and related disorder with alcohol use disorder, claimed as PTSD. You also provided an excerpt from an October 2011 psychological evaluation noting diagnoses of “cognitive disorder and bipolar disorder that was self-medicated with alcohol and drugs.” You contend that you were given an undesirable discharge after a motor vehicle accident and were self-medicating with controlled substances while awaiting your medical discharge. 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, was insufficient to establish the existence of probable material 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 mental health professional agrees that you have a diagnosis of TBI and other mental health disorders that can be attributed to military service. However, your accident that resulted in the TBI occurred after four NJPs. As such, that misconduct cannot be attributed to a mental health condition incurred during military service. The VA has stated that it is not possible to separate your mental health symptoms from your TBI, so your mental health symptoms are also considered to have started following the accident. It is possible that the misconduct resulting in your final NJP could be attributed, in part, to mental health symptoms that developed after your head injury, but you did report a history of drug use prior to service, so it is also possible that your in-service drug use represented a continuation of pre-service behavior. Based on the preponderance of the evidence, the mental health professional concluded that there is insufficient evidence to attribute the majority of your misconduct to a mental health condition incurred during military service. 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. Sincerely, 5/15/2020