DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1835-19 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. 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. 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 6 January 2020 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 13 April 1989. On 7 December 1992, you were arrested by civil authorities for assault with a deadly weapon, injury to a phone line, and battery. On 6 January 1993, you were arrested for assault with a deadly weapon and discharge of a firearm, which was elevated to voluntary manslaughter when a female gunshot victim died. On 15 January 1993, you were counseled concerning your performance conduct. On 1 March 1993, you were notified of administrative discharge action due to commission of a serious offense. After being afforded your procedural rights, you elected to have your case heard before an administrative discharge board (ADB). On 16 March 1993, your case was forwarded to the separation authority recommending that your discharge due to commission of a serious offense. On 23 April 1993, an ADB found that you had committed misconduct due to the commission of a serious offense and recommended that you receive an other than honorable (OTH) discharge. On 24 May 1993, the separation authority directed that you be discharged from the Marine Corps with an OTH discharge. On 1 June 1993, you were discharged from the Marine Corps with an OTH characterization of service. 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 deployed to from 17 January 1991 to 6 April 1991 and received the Combat Action Ribbon. A review of available service records failed to reveal any medical entries suggestive of any psychological symptoms or conditions. On your discharge physical examination, you stated you were in “good health” and denied any psychological symptoms other than intermittent depression/excessive worry, not tied to any specific trauma or stressors. You were deemed medically qualified for separation and not recommended for follow up for any psychological conditions. Unfortunately, though you cite changes in the DoD policy that deals with PTSD as your basis for requesting upgrade of your discharge characterization of service, you have submitted no information that you have a clinical diagnosis of any mental health conditions as rendered by a mental health practitioner. Your available service medical record and personnel record do not contain any references to any behavioral changes, psychological symptoms, or mental health conditions, nor any mention of specific traumatic events that may have contributed to the development of PTSD or other mental health conditions. 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, changes in the DoD policy regarding PTSD, and your desire to upgrade your discharge. The Board concluded these factors were not sufficient to warrant an upgrade in the characterization of your discharge given your misconduct involving civil authorities. Further, 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.