Docket No: 3133-19 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 issue(s) 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 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 and 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 14 April 1980. On 7 May 1981, you received nonjudicial punishment (NJP) for wrongful possession of marijuana. On 20 September and 10 December 1982, you received NJP for 11 days of unauthorized absence (UA), and abandoning your duty station. Additionally, you were counseled and warned that further misconduct could result in administrative discharge action. On 12 May 1983, you were convicted by summary court-martial (SCM) possession of marijuana and assault. On 26 October 1983, you were convicted by civil authorities of being drunk in public. On 9 February 1984, you received NJP for using disrespectful language, disobeying a lawful order and a brief UA. On 10 February 1984, administrative discharge action was initiated to discharge you from the Navy due to a pattern of misconduct, and possession and use of a controlled substance. On 17 February 1984, your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) discharge. On 23 February 1984, the separation authority directed that you receive an OTH discharge due to a pattern of misconduct. On 1 March 1984, you were discharged from the Navy with an OTH characterization of service. You have requested 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 mental health professional noted in the AO that you contend you were traumatized from a May 1981, airplane accident aboard the , in which several of your close friends and shipmates were killed and/or injured. The AO also noted that in your personal statement, you further explained that this was a very traumatic experience for you that took years for you to realize the psychological effect it had on you, and that you were not previously aware of the help that you could have sought. The AO also noted that in your enlistment physical examination, you described yourself in “good health” and denied any mental health conditions or substance abuse, and the examining physician determined you were medically qualified for enlistment and did not note any medical or mental health conditions. The AO advised that though your service record contains evidence that you experienced a traumatic event during your period of service, you did not provide any additional clinical records or evidence to support the existence of a mental health condition, and there are no accounts of psychological symptoms or behavioral changes incurred as a result of the trauma. Additionally, you have not submitted any evidence of post-discharge mental health conditions as rendered by a mental health practitioner. 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 would be helpful in rendering 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 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 misled at the time of your discharge, that a terrible aircraft accident occurred onboard the USS NIMITZ, where several of your close friends and shipmates were killed or injured, and you were able to make your way through the damage and determine the incident posed no further threat to the ship. Additionally, the Board considered your contention that it was a very traumatic experience for you, it took years for you to realize the psychological toll that came into play, and that being so young and not fully understanding what you were going through, or what your options were, you made bad choices towards the end of your tour, which resulted in your discharge. The Board concluded these factors and assertions were not sufficient to warrant the recharacterization of your discharge, given the misconduct noted in your record, which resulted in four NJPs, SCM, and conviction by civil authorities. 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 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,