Docket No: 3410-19 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 24 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 1 June 2020, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 12 June 1985. On 13 June 1985, you were briefed on the Navy’s policy regarding drug and alcohol abuse. On 4 June 1988, you were convicted by general court-martial (GCM) of conspiracy, and larceny. You were sentenced to a period of confinement, a reduction in paygrade, forfeiture of pay and a bad conduct discharge (BCD). Your original service record was incomplete and did not contain any documentation pertaining to your GCM and separation from the Navy. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. 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. In summary, the AO noted an enlistment physical examination in which you described your health as “good,” endorsed pre-enlistment marijuana use, but no history of mental health conditions. The AO also noted that in your discharge physical examination, the examining physician did not document any physical or mental conditions and found you fit for separation from the Navy without additional recommendations or consultations. Additionally, the AO noted that in-service medical records revealed diagnoses of chronic alcohol dependence, and recommended Level III Inpatient Substance Abuse Treatment, but no history of mental health conditions. Notably, you received a psychological evaluation, as part of the Clemency process while incarcerated for conspiracy and robbery on 28 September 1988; however, your mental status examination was unremarkable and noted that you were accountable for your actions. You provided two patient information sheets on Trazadone and Sertraline, and forms from the Veterans Administration (VA) to include a VA statement in Support of your Claim dated 7 February 2017, in which you wrote you did not know you were suffering from PTSD, Anxiety and panic/nervous attacks. However, you did not provide any clinical records or evidence of any additional in-service psychological symptoms or mental health conditions or post-discharge mental health conditions. Your in-service records did not contain evidence of any mental health conditions other than the previously diagnosed substance dependency. Though you claimed a post discharge diagnoses of PTSD, anxiety, panic attack, and nervous attacks, you have submitted no information or evidence in support of your petition. Additional information, such post-discharge medical records documenting mental health symptoms or conditions linked to your military misconduct is required to render 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 that you suffered from PTSD or other mental health conditions incurred in service, other than substance dependence. Additionally, there is insufficient evidence your misconduct can be attributed to PTSD or other mental health conditions. 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: (a) you believe your military record should be considered for correction because at the time, you were battling severe alcoholism and immaturity; (b) you have since been a good citizen, employee and friend; (c) you have learned your lesson on right and wrong; and (d) you are currently getting help from the VA for mental illness. The Board concluded these factors and assertions were not sufficient to warrant the recharacterization of your discharge given your misconduct, which resulted in your GCM conviction for very serious offenses. Further, the Board concurred with the AO’s statement that there is insufficient evidence you suffered from PTSD or other mental health conditions incurred in service, other than substance dependence. Additionally, there is insufficient evidence your misconduct can be attributed to PTSD or other mental health conditions. 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,