Docket No: 5169-19 
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 Board, sitting in executive session, considered your application on 1 July 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. 
 
You enlisted in the Navy and began a period of active duty on 28 May 1970.  On 4 June 1971, you received non-judicial punishment (NJP) for an unauthorized absence, missing ship’s movement and wrongfully appearing out of uniform.  Although your administrative separation documentation is not in your service record, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged on 12 October 1972, with a general (under honorable conditions) characterization of service by reason of convenience of the government. 
 
Character of service is often based, in part, on the overall trait average (OTA), computed from marks assigned on a periodic basis.  Your OTA was 1.20, which was below the OTA of 3.0 required at the time of your separation for a fully honorable characterization of service. 
  
Your request for an upgrade to your characterization of service was reviewed in consideration of your contention that you suffer from Post-Traumatic Stress Disorder (PTSD) due to your “experiences in Vietnam.”  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,” 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.” 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your statement to include your contentions that you have severe PTSD from your “experiences in Vietnam.”  Additionally, you contend that you received a general discharge because you did not want to reenlist into the Navy and go back to Vietnam; you did not have any disciplinary actions against you, nor were you a bad Sailor.  You never once asked to be discharged before your enlistment contract ended.  After careful consideration, the Board concluded these factors were insufficient to warrant relief in your case because of your misconduct that resulted in an NJP and failure to attain the required OTA.  The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary (as is the case at present), will presume that they have properly discharged their official duties.   
 
The Board noted that you did not provide any evidence in support of your contention concerning PTSD.  Even under the liberal consideration standard, the Board found no probable material error or injustice and determined that your misconduct and OTA warranted a general (under honorable conditions) characterization of service. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time.  You are entitled to have the Board reconsider its decision upon the 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,