Docket No:  1439-21/1536-15 
           
 
Dear Petitioner: 
 
This is in reference to your reconsideration 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.     
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
Your current request has been carefully examined by a three-member panel of the Board, sitting in executive session on 23 August 2021.  The names and votes of the members of the panel will be furnished upon request.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, applicable statutes, regulations, and policies to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations.  In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 13 July 2021, which was previously provided to you. 
 
You presented a evidence multiple Department of Veterans Administration (DVA) documents (Claim for PTSD due to Personal Assault, multiple Statements in Support of Claim) and personal statements detailing the physical, emotional, and mental abuse you reported having experienced during your confinement on ship and the psychological symptoms and behavioral changes that followed.  You provided clinical records from the  from 5/14/2021 (Mental Health Intake with diagnoses of Chronic PTSD, Alcoholism-In Remission, and Anxiety originating from military service, and Depression starting post-discharge) and November 2018 clinical records (documenting outpatient individual and group psychotherapy sessions for service-related chronic PTSD). The DVA clinical records also confirmed a service-connected disability rating of 40%, but did not specify the disabling conditions.  In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  After careful review, the Board concluded that your other than honorable characterization of service was issued without error or injustice, and that corrective action is not warranted. 
 
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, 
                                                                              
9/9/2021
Executive Director