Docket No:  2361-19 
            2413-99 
Ref:  Signature Date 
 
 

 
Dear : 
  
This letter is in reference to your reconsideration request.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been denied.  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 relevant portions of your naval record and your application, 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 20 July 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 advisory opinion (AO) furnished by a qualified mental health professional, dated 27 March 2020, which was previously provided to you. 
 
You presented as new evidence, excerpts from you military service record, letters of reference from prior supervisors, a Department of Veteran Administration (DVA) letter, stating that your characterization of service “is a bar” to DVA health care benefits, a DVA letter denying service-connection for your anxiety condition, also claimed as depression and nervousness, and a 24 March 2017, DVA letter presenting you with your DVA Health Benefits Handbook and welcoming you as a new enrollee to the DVA.  You contend that the Discharge was procedurally defective, unfair at the time, that your PTSD should have been considered, and your discharge no longer serves a valid purpose.  The Board also considered your desire to upgrade your RE-4 (not recommended for reenlistment) reentry code.  However, an RE-4 reentry code must be assigned to all Sailors discharged due to misconduct.  After careful and conscientious consideration of the entire record, the Board determined that your statement and the 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 Post-traumatic Stress Disorder during your military service.  Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014 and the "Clarifying Guidance to Military Discharge Review Board 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" memorandum of 25 August 2017. 
 
A qualified 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 AO noted you entered the Navy on a waiver for pre-service driving under the influence (DUI).  On 28 April 1990, you underwent a Fitness for Duty Evaluation after a motor vehicle accident, and were found intoxicated from alcohol and not fit for duty.  You were, evaluated by a psychiatrist on 7 September 1990 and diagnosed with Life Circumstance Problems and Alcohol Abuse.  You were recommended for Level II Outpatient Alcohol Rehabilitation.  A review of available service records revealed an enlistment physical examination that documented pre-service alcohol and marijuana use.  You denied any history of mental health conditions and was found medically qualified for enlistment.   
 
On your discharge physical, you stated you were in “good health” and denied any mental health symptoms or conditions.  In-service medical records revealed that you completed the Navy Alcohol and Drug Safety Action Course.  On 22 August 1990, you reported to sick call stating you were depressed as you had overslept and missed your court appearance for your April 1990 DWI.  You had been “contemplating going UA to avoid facing your consequences.”  You were, assessed with “reactive depression” and alcohol abuse and referred to psychiatry.  On 7 September 1990, you were, evaluated by a  psychiatrist in the brig, where you had been confined due to breaking restriction during your pre-mast period, where a history of relationship difficulties with an ex-fiancée’ and ongoing alcohol abuse were elicited.   You were found fit for full duty and responsible for actions.  There were no other pertinent in-service medical records.   
 
You did not provide the Board with any clinical records or evidence demonstrating that you have been diagnosed with a mental health condition, other than in-service Alcohol Abuse, Alcohol Dependence, and Life Circumstance Problem.  Unfortunately, you have submitted no information or evidence regarding your claim of post-discharge diagnosis of PTSD, or in-service trauma or traumatic event. Additional information, such as personal statements providing some account of in-service trauma and its effects on your behavior, or personnel or medical records documenting your mental state or associated behaviors indicating the presence of PTSD-like symptoms or behaviors, and linked to your military misconduct is required to render an alternate opinion.  Should you choose to submit additional clinical information, it will be reviewed in the context of your claims.  However, at this time, based on the available evidence, there is insufficient evidence that you incurred any mental health condition during your service, other than the diagnosed substance use disorders, or that your in-service misconduct was attributable to a mental health condition other than your diagnosed substance use disorder. 
 
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,