Docket No: 4724-19 Ref: Signature Date MR Dear Mr. : 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 Board, sitting in executive session, considered your application on 5 October 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 August 2020, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 8 February 1983. On 15 January and 28 February1985, you received nonjudicial punishment (NJP) for two periods of unauthorized absence (UA) totaling 90 days. On 13 May 1985, you were counseled concerning your continued discreditable involvement with military Navy authorities. You were warned that further misconduct could result in administrative discharge. On 5 March and 2 April 1986, you received NJP for 23 days of UA and 5 instances of missing restricted muster. On 28 April 1986, you were counseled concerning being UA from your unit, and being absent from your appointed place of duty, and warned that further misconduct could result in administrative discharge. On 18 September 1986, you were convicted by Special Court-Martial (SPCM) of 110 days of UA. You were sentenced to a reduction in paygrade and a bad conduct discharge. On 2 October 1986, you were considered to be dependent on alcohol and were eligible for treatment. However, you elected not to accept alcohol rehabilitation treatment. On 5 August 1987, you received your BCD. 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 you were suffering from PTSD during your service. The AO noted you have not submitted any evidence of a post-discharge mental health conditions as rendered by a mental health practitioner. The AO concluded 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 your detrimental conduct during your military service was due to a seriously affected bad mental state, and your assertion that at such a young age, you were not mentally prepared to handle all the issues that you faced. Additionally, you assert that you suffered from symptoms and pressures of PTSD, began to drink and find outlets to escape what you were feeling, including desertion and AWOL, and your mental health did not allow you to function properly. The Board concluded these factors and assertions were not sufficient to warrant re-characterization of your discharge given your four NJPs, counseling warnings, and SPCM conviction. Further, the Board concurred with the AO in 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 also reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo). The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records (BCM/NRs) “in determining whether relief is warranted on the basis of equity, injustice, or clemency.” The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief. However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 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,