Docket No:  3554-19 
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.     
  
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 BCNR, sitting in executive session, considered your application on 31 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 15 June 2020, which was previously provided to you. 
  
You enlisted in the Navy and began a period of active duty on 29 August 1972.  During the period from 8 January 1974 to 14 January 1975 you received three nonjudicial punishments (NJP) for unauthorized absence (UA) totaling approximately 97 days, failure to go to your appointed place of duty and failure to obey an order.  On 5 June 1975 you were counseled concerning your performance and warned that it could result in an administrative discharge.  On 7 August and 30 October 1975 you received two NJPs for periods of UA.  You remained on active duty until your early release from active duty on 8 December 1975 with a general discharge.  
 
You request an upgrade of your characterization of service on the basis that you suffered from a mental health condition 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 (PTSD),” 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 advisory opinion (AO) regarding your assertion you were suffering from a mental health condition.  The AO noted that in September 1973, you were involved in a motor vehicle accident (MVA) and sustained severe injuries, which included, a skull fracture and severe facial scars.  In your personal statement, you stated that your injuries from your motor vehicle accident were exacerbated by the environmental conditions and occupational demands, which went counter to the directions of your treating surgeons and physicians. These environmental conditions caused great pain to your facial scars, exacerbating your psychological distress.  Psychological distress was increased by the series of commands that did not take into consideration your physical injuries.  
 
You indicated that your UA’s occurred because you “could no longer report for duty” due to your physical and mental condition.  A review of available service records revealed an enlistment physical examination in which you described your health as “good” and denied any history of substance abuse or mental health conditions.  On your discharge physical, you stated you were in “good health” and denied any mental health symptoms or conditions.  In-service medical records revealed you were hospitalized following a car accident with diagnoses of Facial Lacerations and Concussion. You provided several personal statements, letters of support, VA administrative correspondence, citations and accolades from your career with the US Postal Service, as well as VA Clinical Records supporting your petition.  
 
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 the errors of your past command, exacerbated your injuries, both physically and mentally, your discharge was an injustice under the Hagel memo, you served with the US Postal Service for the past 33 years and received various awards, and believe that if you were afforded the same level of care at the command level, (which commands provide now due to the increased awareness of PTSD and related illness), there is substantial doubt you would have received a honorable discharge.  The Board noted that a characterization of service is based in part on conduct marks assigned on a periodic basis and your conduct average was 2.8.  At the time of your service, a conduct average of 3.0 was required to be considered for a fully honorable characterization of service.     
 
The Board concluded these factors and assertions were not sufficient to warrant re-characterization of your discharge given your misconduct which resulted in five NJPs.  Further, the Board concurred with the AO’s statement but noted that you received the benefit of receiving a general discharge, as opposed to an Other Than Honorable (OTH) or punitive discharge following the misconduct detailed in paragraph three.   
 
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,