DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1780-19 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. A three-member panel of the Board, sitting in executive session, considered your application on 30 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 27 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 8 December 1993. On 1 June 1994, you received nonjudicial punishment (NJP) for larceny from the Navy Exchange. Additionally, you were counseled and warned that further misconduct could result in administrative discharge action. On 16 June 1994, you received NJP for two brief periods of unauthorized absence (UA) and failing to go to your appointed place of duty. On 27 June 1994, you received NJP for five instances of failing to go to restricted musters. You were notified of administrative discharge action due to a pattern of misconduct and commission of a serious offense. On 30 June 1994, your case was forwarded to the separation authority recommending that you receive an other than honorable (OTH) discharge. On 12 July 1994, the separation authority directed that you receive an OTH discharge due to a pattern of misconduct. Additionally, you received a fourth NJP for failing to go to a restricted muster. On 26 July 1994, you were discharged from the Navy with an OTH characterization of service due to a pattern of misconduct. You request an upgrade of your characterization of service on the basis that you suffered from Post-traumatic stress disorder (PTSD) 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 you were suffering from PTSD during your service. The AO noted that you denied any mental health or substance abuse history in your enlistment paperwork. Neither in-service nor Veteran’s Administration medical records were available. Evidence available through post-discharge mental health records indicated you dated the onset of your symptoms to 2015, after the loss of your banking employment. Your diagnoses then were Persistent Depressive Disorder (Dysthymia) and Autism Spectrum Disorder. The AO concluded that, based on the available evidence, there is insufficient evidence of PTSD or other mental health conditions attributable to 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 the upgrade was warranted due to your pre-enlistment conditions of Asperger’s Syndrome, moderate depression, and Attention-deficit/hyperactivity disorder that worsened during your “tenure in the military due to rigid conditions and strict guidelines.” You contend that your symptoms increased “due to my inability to get along and work with others.” You also state, “after discharge my anger and ability to have strong relationships with family members and friends worsened…I now suffer from PTSD with severe anxiety.” The Board concluded these factors and assertions were not sufficient to warrant the recharacterization of your discharge given your misconduct, which resulted in four NJPs, one of which was after you were notified of administrative discharge action for misconduct, and the fact that you were warned of the consequences of further misconduct. The Board concurred with the AO that there is insufficient evidence of PTSD or other mental health conditions attributable to 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.