Docket No: 3134-19 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. 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 13 May 2020, which was previously provided to you. On 8 October 1966, you reenlisted in the Marine Corps after serving over three years of prior honorable service. On 27 December 1966, you received nonjudicial punishment (NJP) for being absent from your appointed place of duty and failure to obey an order. During the period from 28 January to 3 September 1967, you served in . On 5 August 1970, you signed a sworn statement regarding your involvement in taking checks, forging your name and cashing checks. On 7 August 1970, a Navy Discharge Review Board reported that a medical evaluation found you fit for duty, able to distinguish right from wrong and adhere to the right. You possessed sufficient mental capacity to understand the nature of the proceedings against you and cooperate in your own defense. There were no psychiatric diagnoses associated with this examination. On 1 September 1970, you submitted a written request for an undesirable discharge for the good of the service in order to avoid trial by court-martial for forgery of checks not exceeding $500. Prior to submitting this request for discharge, you conferred with a qualified military lawyer, were advised of your rights, and warned of the probable adverse consequences of accepting such a discharge. Subsequently, your request for discharge was granted and on 30 September 1970, you received an other than honorable discharge in lieu of trial by court-martial. As a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of a punitive discharge and confinement at hard labor. 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 that you were suffering from PTSD during your service. The AO noted that you provided several certificates of personal accomplishments, letters of support, excerpts from your service record to include evaluations, and two personal statements, but did not provide any evidence of an in-service or post-discharge diagnosis of a mental health condition. In your statements you reported nightmares, flashbacks, “became a loner,” sleepless nights, “noises still bother me,” intrusive memories, and trying to “keep busy enough not to think of the past” stemming from your service in and worsened by the stressors at your follow-on assignment of I&I duty. Your personal statements suggest you may have been experiencing mental health symptoms, and describe symptoms suggestive of PTSD stemming from your service in the , which could have influenced your actions. However, the Board has not been provided with any information indicating that you been diagnosed with a mental health condition, either in-service or post-discharge. Additionally, your most significant misconduct occurred after your deployment, after previously good performance evaluations, showing deteriorating performance in your latter evaluations after your deployment. Notably, an in-service neuro-psychiatric evaluation at the time of the misconduct found you of sound mind and responsible for your actions. The AO also noted that the misconduct of forgery involving several checks is less indicative of behaviors associated with a mental health condition given that the behavior was repeated, occurred over a period of time, and was goal-oriented in nature with obvious financial gain for you. Therefore, at this time, based on the available evidence, it was opined that while there is evidence that you may have incurred PTSD as a result of your military service, there is insufficient evidence that the misconduct was attributable to this condition. The Board carefully weighed all potentially mitigating factors, such as your record of service, to include your service in , and desire to upgrade your discharge. The board also considered your assertions that your application for benefits was denied, as it was based on your second enlistment period, and that you believe you should be granted benefits based on your first period of honorable service. The Board concluded these factors and assertions were not sufficient to warrant the recharacterization of your discharge given the misconduct that resulted in your NJP and the referral of charges to a court-martial for very serious offenses. Further, the Board concurred with the AO’s statement that there is sufficient evidence that you may have incurred PTSD as a result of your military service. However, there is insufficient evidence that your significant misconduct was attributable to this possible PTSD. The Board believes that you may be eligible for veterans’ benefits that accrued during your first period of service. Whether or not you are eligible for benefits based on either period of service is a matter under the cognizance of the Department of Veterans Affairs (DVA). If you have been denied benefits, you should appeal that denial under procedures established by the DVA. 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,