DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 276-19 Ref: Signature Date This is in reference to your application of 29 November 2018 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 5 May 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 Navy mental health professional dated 19 August 2019, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 25 August 1982. On 11 June 1983, you received non-judicial punishment (NJP) for a one day unauthorized absence, failure to go to your appointed place of duty, and five specifications of failing to obey a lawful order to report to work. On 13 August 1985, you were, issued a counseling warning due to military and civil infractions involving alcohol. On 30 August 1985, you were, convicted by a civilian court of refusing to test for driving under the influence (DUI) of alcohol, DUI, and improper headlamps. On 10 October 1985, you completed treatment for alcoholism at an alcohol rehabilitation center. On 9 December 1985, you received NJP for disobeying a lawful order by initiating two seaman. Additionally, you were, counseled and warned that further misconduct could result in an administrative discharge action. On 14 February 1986, you received a third NJP for striking another Sailor and attempting to choke him. On 20 March 1986, a substance abuse report stated you were found to be alcohol dependent. On 2 April 1986, your case was forwarded to the separation authority recommending that you receive an other than honorable (OTH) characterization of service. On 9 April 1986, the separation authority concurred and directed that you be separated from the Navy due to a pattern of misconduct with an OTH characterization of service. On 25 April 1986, you were so discharged. 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 mental health professional 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 that in October 1985, you completed alcohol treatment. The AO noted that in your discharge physical, you reported no mental health concerns but acknowledged that you were, being discharged for recurrent alcohol abuse. The AO noted that although you submitted a personal statement describing some symptoms that are consistent with PTSD, it is not clear that you would meet diagnostic criteria, as a diagnosis of PTSD requires several symptom clusters, including alterations in cognitions and arousal that are not described by you in your statement. The AO concluded that based on the available evidence, there is insufficient evidence that your misconduct should be attributed to a mental health condition other than alcohol use disorder. The Board carefully weighed all potentially mitigating factors in your case, including your record of service and desire to upgrade your discharge. The Board also considered your assertions that you should have been diagnosis with PTSD, PTSD was the cause of your self-destructive actions, your PTSD was created by stressful situations including the USS shelling of , and your PTSD led to a life-long pattern of destructive choices. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your misconduct, which resulted in three NJPs, the fact that you were counseled on more than one occasion and warned of the consequences of further, misconduct, and alcohol rehabilitation failure. Further, the Board concurred with the AO’s statement that there is insufficient evidence that your misconduct should be attributed to a mental health condition other than alcohol use disorder. 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. Sincerely, 5/29/2020