Docket No: 3581-19 
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  
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 18 June 2020, which was previously provided to you. 
  
You enlisted in the Navy and began a period of active duty on 29 October 1991.  On 18 March and 5 May 1984, you received nonjudicial punishment (NJP) for four instances of failing to go to your appointed place of duty, five specifications of unauthorized absence, insubordinate conduct, three instances of disobeying a lawful order, two specifications of possession of marijuana, larceny and breaking restriction.  On 5 May 1994, you were notified of administrative discharge action for misconduct due to drug abuse and commission of a serious offense.  After being afforded your procedural rights, your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) discharge.  On 1 June 1994, the separation authority directed that you receive an OTH discharge due to commission of a serious offense.  On 10 June 1994, 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 that you were suffering from PTSD during your service.  As detailed in the AO, the mental health professional opined that 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 are trying to receive medical treatment from the VA for PTSD and other medical conditions that occurred while you were on active duty in the Navy.  The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your misconduct, which resulted in two NJPs.  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,