DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0540-19 Ref: Signature Date Dear: This is in reference to your application of 4 December 2018 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 that 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 5 May 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 Navy mental health professional dated 13 September 2019, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 29 February 1957. On 11 December 1957, you received non-judicial punishment (NJP) for unauthorized absence. On 23 May 1958, you were convicted by a special court-martial (SPCM) of three specifications of UA totaling 40 days, failure to comply with Technical Arrest Orders to report on time, and breaking restriction. On 4 November 1958, you were convicted by a summary court-martial (SCM) of two days of UA. On 17 April 1959, you were convicted by a SPCM of three specifications of UA totaling 23 days. You were sentenced to confinement at hard labor, a forfeiture of pay, a reduction in paygrade and a bad conduct discharge (BCD). However, the BCD was suspended for the period of confinement or completion of appellate review, whichever is later, at which time, unless the suspension is sooner vacated, BCD will be remitted without further action. On 19 August 1959, a psychiatric evaluation found no evidence of any outstanding psychiatric disturbance. There did not appear to be any psychiatric basis for your release from service. However, the evaluation stated that in view of your poor motivation it was doubtful that you would complete your enlistment satisfactorily. On 21 August 1959, you acknowledged that you were being recommended for an undesirable discharge (UD) by reason of unfitness and that you may be discharged under other than honorable (OTH) characterization of service. Your case was forwarded to the separation authority, and, on 17 September 1959, the separation authority directed that you receive and UD discharge by reason of unfitness. On 2 October 1959, you were so discharged. 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.” A mental health professional reviewed your request for correction of your record and provided the Board with an AO regarding your assertion that you were suffering from PTSD during your service. The AO noted that in August 1959, you were evaluated by a medical officer and showed “no evidence of any outstanding psychiatric disturbance.” The AO noted your diagnosis of PTSD that your prison psychologist determines is attributed to childhood trauma. The AO further noted that you have not submitted medical documentation of trauma incurred as a result of military service and there is no documentation in your service record to support your statement of in-service traumas. The AO concluded that based on the available evidence, there is insufficient evidence that your misconduct should be attributed to a mental health condition suffered during your military service. The Board carefully weighed all potentially mitigating factors in your case, including your record of service and desire to upgrade your discharge. The Board also considered your assertions that you were suffering from PTSD and did not receive any care; that you were mentally and physically abused by your father, which left you in a state of extreme duress. Additionally, you believe your Navy recruiter did not screen you well enough to go into the service, and you had many sleepless nights full of high anxiety and fear during Boot Camp. You contend that you did not know what PTSD was then, but certainly have it, as you were raised in an environment full of pain and suffering. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your misconduct, which resulted in your NJP, and SPCM and SCM convictions. Further, the Board concurred with the AO’s statement that there is insufficient evidence that your misconduct is attributable to a mental health condition suffered during your military service. 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 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,