DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 969-19 Ref: Signature Date This is in reference to your application of 11 December 2019 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 19 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 advisory opinion (AO) furnished by a Navy mental health professional dated 8 November 2019, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 2 November 1988. On 5 February and 26 August 1992, you received non-judicial punishment (NJP) for two instances of failing to obey an order or regulation, improper hazarding of a vessel, and unauthorized absence. On 29 October 1992, you were disqualified from submarine duty for demonstrating your unreliability. On 13 November 1992, you were notified of administrative discharge action for misconduct due to commission of a serious offense. On 11 December 1992, you were discharged from the Navy with and other than honorable (OTH) characterization of service. 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 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 you underwent your Enlistment Physical Examination on 26 August 1988. You stated that your present health was “good,” you were on “no medications,” and had “no known allergies.” The AO noted that there is no evidence of any mental health symptoms or conditions in your available personnel, medical, or dental records during your military service. The AO opined that there is insufficient evidence to attribute your misconduct to a mental health condition. 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 assigned to a submarine and were under surface for several months at a time performing missions during . After the mission and returning to your homeport, you contend that you were unable to sleep on the ship, and felt high anxiety and stress until you were able to return to your apartment off base. This caused you to make bad decisions, and left your duty station without being properly relieved. You believe you may have been suffering from PTSD, after undergoing therapy for stress and anxiety caused by nightmares of returning to active submarine duty triggered by recent military actions. Additionally, you contend that you deeply regret your actions to this day, and they do not reflect the man you strive to be, and the example you set for others. The Board concluded these factors and assertions were not sufficient to warrant changing your narrative reason for your discharge, given your misconduct that resulted in two NJPs, and disqualification from submarine duty. Further, the Board concurred with the AO’s statement that there is insufficient evidence to attribute your misconduct to a mental health condition. 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.