DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 932-19 Ref: Signature Date 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 12 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the 13 September 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you, and the rebuttal letter in support of your application from dated 25 February 2020. You enlisted in the Navy and began a period of active duty on 26 October 1993. On 10 June 1994, you received nonjudicial punishment (NJP) for the use of disrespectful language and deportment toward a first class petty officer. On 11 June 1994, you were issued an administrative remarks counseling and retention warning concerning your disrespect toward senior personnel. On 25 June 1994, you were convicted by summary court-martial (SCM) of seven specifications of being absent from your appointed place of duty, disrespect, and dereliction of duty. On 6 February 1995, you received NJP for being absent from your appointed place of duty. On 7 February 1995, you were notified of administrative discharge action due to a pattern of misconduct. After being afforded your procedural rights, you waived your right to request a hearing before an administrative discharge board. Your case was forwarded to the separation authority, stating you were discharged with an other than honorable characterization of service on 1 March 1995. 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 MilitaryBoards 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 ReviewBoards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” A Navy mental health professional 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 military service. The AO noted that you submitted no medical evidence of a mental health condition. 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 military service. 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 served honorably aboard ship during wartime and combat, during which you were subjected to extreme hazing and physical and emotional abuse by your shipmates. You assert that you were required to stand watch for up to 18 hours per day, 7 days a week, and on the third occasion of you reporting late for watch because your shipmates turned off your alarm clock, you were sentenced to 30 days in the brig. Additionally, you contend that the PTSD you incurred as a result of severe childhood abuse was triggered by the shipboard abuse. You assert that you faced additional abuse at the hands of the brig guards, which profoundly affected your mental state. You claim that when you returned to duty, you continued to serve honorably in a hostile environment. Finally, you assert that upon your request for discharge, your PTSD symptoms were used against you and characterized as misconduct. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service, given your misconduct that resulted in two NJPs and conviction by SCM. Further, the Board concurred with the AO that there is insufficient evidence that your misconduct should be attributed to a mental health condition suffered during 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. 3