Docket No:  3015-19 
Ref: Signature Date 
 
MR 

 
Dear Mr. : 
 
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 10 August 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 advisory opinion (AO) furnished by a qualified mental health professional dated 3 May 2020, which was previously provided to you. 
 
You enlisted in the Navy and began a period of active duty on 6 August 1982.  On 9 August 1982, you were briefed on the Navy’s policy regarding drug and alcohol abuse.  On 7 October 1982, you acknowledged that you were identified through urinalysis screening as a user/abuser of illegal drugs or marijuana and voluntarily admitted to the use of drugs, and you were granted a drug waiver.  On 30 May 1984, you received nonjudicial punishment (NJP) for two specifications of unauthorized absence (UA).  On 11 July 1984, you were convicted by civil authorities of being drunk in public and indecent exposure.  On 16 July 1984, you were issued a counseling and retention warning concerning your misconduct and civil conviction.  On 25 July 1984, you were convicted by summary court-martial (SCM) of two periods of UA totaling 17 days.  On 31 July 1984, you were issued a counseling and retention warning concerning your misconduct and involvement with civil authorities.  On 15 November 1984, you were convicted by civil authorities of a hit and run, and failure to maintain control.  On 28 November 1984, you received NJP for four periods of UA totaling 29 days, and disobeying a lawful order.  On 29 November 1984, administrative discharge action was initiated to separate you from the Navy due to a pattern of misconduct.  After being afforded your procedural rights, you elected to waive your right to consult with counsel and your right to have your case heard before an administrative discharge board.  On 7 December 1984, your case was forwarded to the separation authority recommending that you receive an other than honorable (OTH) discharge, stating in part, that you were given every opportunity to conform your conduct to the minimum requirements and had failed to do so, and your attitude was intolerable.  On 18 December 1984, the separation authority advised that you must be referred for a medical officer opinion regarding alcohol dependency and requested the results of an Alcohol Dependency Screening.  On 27 December 1984, your commanding officer submitted the senior medical officer’s personal interview which stated that you showed a pattern of behavior and alcohol use clearly indicative of alcohol dependence.  You consistently refused treatment for your disease and stated your intention to continue drinking.  You also stated that you would not cooperate with an alcohol treatment program if ordered to participate in one.  On 6 January 1985, the separation authority directed that you be separated from the Navy due to a pattern of misconduct.  On 13 January 1985, 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 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 qualified mental health professional further reviewed your request for correction to your record and provided the Board with an AO.  The mental health professional reviewed your contentions in conjunction with your medical records in order to evaluate your assertion you were suffering from PTSD during your service.  In particular, the AO noted that your in-service records do not indicate the existence of mental health symptoms or conditions other than Alcohol Dependence.  Further, you have submitted no evidence describing in-service trauma, or that you exhibited any mental health symptoms or conditions during your military service, other than substance abuse.  In addition, you have not submitted any evidence of post-discharge mental health conditions as rendered by a mental health practitioner.  The AO advised that additional evidence, such as medical records containing a diagnosis of a mental health condition associated with your military service and linked to your military misconduct is required to render an alternate opinion.  The AO concluded that at this time, 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 you were never given any other option other than an OTH discharge, and that you would have chosen a general or honorable discharge, if you had known you had an option.  Additionally, you assert that you later received a letter informing you of the possibility of missed benefits for PTSD.  The Board ultimately concluded these factors and assertions were not sufficient to warrant the re-characterization of your discharge, given your misconduct that resulted in two NJPs, SCM, civil convictions, and the fact that you were counseled on more than one occasion of the consequences of further misconduct.  Further, the Board concurred with the AO’s statement 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. 
 
Sincerely,