DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9417-19 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 case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 January 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. A review of your record shows that you entered active duty with the Navy on 11 September 2000. Upon completing your initial training pipeline and reporting to your first duty station, you left your command without authorization for an extended period of time during the months of April, May, and June 2001. Upon returning from your unauthorized absence, you tested positive for marijuana use that resulted in the imposition of non-judicial punishment on 6 July 2001. You were notified of administrative separation processing and acknowledged your rights. You were discharged for your misconduct on 15 August 2001 with an Other than Honorable characterization of service. You were diagnosed with Post-Traumatic Stress Disorder (PTSD) post-discharge. The Board carefully considered your arguments that you deserve to be placed on the disability retirement list. You allege a number of incidents during your brief period of active duty that you characterize as cutting of your hair beyond regulations, sexual trauma, hazing/death threats, and forced pregnancy. You assert these incidents led to your current PTSD diagnosis and mental health symptoms. Unfortunately, the Board disagreed with your rationale for relief. First, the Board found insufficient evidence you were unable to perform the duties of your office, grade, rank or rating as a result of a disability condition in 2001. The Board noted you were administratively discharged for misconduct and would have otherwise been eligible to continue your military career at the time of your discharge in 2001. Second, despite applying liberal consideration to your case, the Board found you were mentally responsible for the misconduct that formed the basis for your administrative separation. Therefore, they concluded you were properly processed and discharged for your misconduct. Based on this finding, the Board also concluded you were ineligible for military disability benefits since military disability regulations direct misconduct processing to superseded disability processing. Third, the Board was unable to find a nexus between your marijuana use and your PTSD condition. According to your statement to military authorities, you were unaware of your marijuana use based on your argument of innocent ingestion. In the Board’s opinion, this negates any nexus between your mental health condition and the misconduct that triggered your administrative separation processing. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 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, 1/7/2020