Docket No:  2682-19 
Ref: Signature Date 

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 BCNR, sitting in executive session, considered your application on 20 July 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 and applicable statutes, regulations and policies.  In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 15 April 2020, which was previously provided to you. 
  
You enlisted in the Navy and began a period of active duty on 25 June 1984.  On 29 August 1986, you received nonjudicial punishment (NJP) for assault.  On 25 February 1987, you received NJP for 21 days of unauthorized absence, failure to go to your appointed place of duty and assault.  On 4 March 1987, you were notified of administrative discharge action for misconduct 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 20 April 1987, an ADB found that you had committed misconduct due to commission of a serious offense, and recommended that you receive an other than honorable (OTH) discharge.   Your case was forwarded to the separation authority, and on 4 June 1987, the separation authority directed that you be discharged from the Navy with an OTH discharge.  On 16 June 1987, you were discharged from the Navy 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 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 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 in your personal statement, you contended the upgrade was warranted due to an “undiagnosed mental and physical conditions” related to poly-trauma stemming from a pre-service dysfunctional upbringing, and an in-service “unhealthy marriage.” A review of available service records revealed an enlistment physical examination in which you described yourself to be in “good health” and denied any history of substance abuse or mental health conditions. The remainder of your in-service health record was not available.   
 
You provided a Veteran Administration (VA) Ratings Decision Letter dated 2 August 2018, based on your claim for benefits received on 4 June 2018. The VA granted service connection for treatment purposes only for major depressive disorder with anxious distress (claimed as depression and anxiety).  You did not present any additional medical records or evidence.  You did not have a diagnosis of PTSD.  Though you were, granted VA service-connection for Major Depression thirty years after discharge, there were no available clinical records or evidence to determine what your in-service mental health symptoms or behavioral effects were during your military service, or the correlation to your in-service misconduct. 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, it was opined that there is insufficient evidence available to demonstrate an in-service mental health condition to attribute your misconduct to any mental health condition. 
 
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 of having undiagnosed mental physical conditions, an claim of incomplete information, unfair judgment of character and equitability.  Additionally, that you received a discharge due to behavior connected to a previously undiagnosed or undocumented PTSD and mental health condition, and that with the help of the VA, you became a Veteran with Preferred Status, and you get proper attention to your untreated dual conditions.  The Board concluded these factors and assertions were not sufficient to warrant the recharacterization of your discharge given your misconduct that resulted in two NJPs for serious offenses.  Further, the Board concurred with the AO’s statement that  
there is insufficient evidence available to demonstrate an in-service mental health condition to attribute your misconduct to any mental health condition. 
  
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 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.   
 
Sincerely,