Docket No: 9219-19 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 relevant portions of your naval record and your application, 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 16 September 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 17 May 1976. On 23 May 1977, you received nonjudicial punishment (NJP) for wrongfully possessing marijuana. On 31 July 1977, Administrative Remarks documenting your receipt of a 2.0 in Military Bearing were entered in your service record. On 9 September 1977, you received a second NJP for a period of unauthorized absence (UA) from watch. On 8 February 1979 1979, you received NJP for possession of marijuana in violation of Navy Regulations. On 7 July 1979, you received NJP for disobedience of a superior petty officer. On 23 July 1979, you received NJP for dereliction of duty (sleeping while on duty). On 2 August 1979, you received NJP for seven specifications of being UA from restricted muster and one specification of being UA from Duty Section Muster, disobedience of a lawful order, and assault. On 22 September 1979, you were discharged from the Navy. Your Certificate of Release or Discharge from Active Duty (DD Form 214) reflects an “under honorable conditions” characterization of service. In your petition to the Board, you request an upgrade to your discharge to reflect a “full honorable.” You assert that you are and were in 1979, suffering from Post-Traumatic Stress Disorder (PTSD) which heavily contributed to your receipt of a general discharge. You state that you have lived with the general discharge for many decades and would like to end life with an honorable characterization of service. You provide a 100 percent disability rating for PTSD from the Department of Veterans Affairs (VA), in support of your request. You state that “things that happened to you . . . (on cruise) in 1979 onboard the USS . . . gave you a mental illness now known as PTSD.” You cite a collision with a tanker which led you to believe that you were under attack by the Russians and state there were fights and attacks, some of which were racial. You note your struggles with alcohol and drugs following your discharge. You state that you have been clean since 2005, and take medications to help you cope with PTSD. The Board noted that your application for correction raises a potential issue of a mental health condition during your military service. In a communication dated 18 December 2019, you were asked to provide additional medical or clinical evidence to support your claim. When you did not provide additional evidence, your case was re-opened and processed for consideration by the Board. 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. The Board also reviewed your petition in light of the Under Secretary of Defense’s memorandum, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” of 25 July 2018. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your assertions regarding a mental health condition that impacted your in-service behavior and your statements about your post-discharge struggles with drugs and alcohol. The Board noted that you were asked to provide additional information regarding your mental health condition, but elected not to do so. Absent such information, the Board found that even in consideration of the VA rating of 100% for PTSD, there was insufficient evidence either in your available record or in your submissions to the Board to establish that you suffered from a mental health condition at the time of your military service that mitigated your misconduct. The Board noted that you hold a general discharge which is not an adverse discharge characterization. In consideration of the numerous NJPs and taking into account your statements regarding your in-service and post-discharge struggles, the Board found that the general discharge characterization is neither erroneous nor unjust. 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,