DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3557-18 Ref: Signature Date This letter 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. A three-member panel of the Board, sitting in executive session, considered your application on 12 August 2018. 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. In addition, the Board considered an 18 June 2019 advisory opinion (AO) furnished by a qualified Navy mental health professional, which was previously provided to you. Regarding your request for a personal appearance, the Board determined that a 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. You enlisted in the Navy and began a period of active duty on July 1996. On January 1998, you received nonjudicial punishment (NJP) for unauthorized absence (UA), failure to obey an order, and misbehavior of a sentinel or lookout. On February 1998, you received NJP for desertion, UA, missing movement, disobedience, making a false official statement, and breaking restriction. On February 1998, you were notified of the initiation of administrative discharge process for misconduct due to commission of a serious offense. On April 1998, your case was forwarded to the separation authority. On May 1998, the separation authority directed that you be discharged with an other than honorable (OTH) characterization due to commission of a serious offense. You were discharged on 18 May 1998 with an 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 Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of, 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 qualified Navy mental health professional further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion you were suffering from mental health condition during your service. The AO noted that you presented no clinical documentation of a mental health condition aside from your personal statement. According to the AO, your statement is consistent with your service record, that your lengthy UA was a planned attempt to receive a general discharge, and that you were aware of the potential consequences of your UA, because you called your command to determine the number of days that would result in a charge of desertion. The AO concluded that there is insufficient evidence to attribute your misconduct to a mental health condition incurred during your military service. The Board carefully weighed all potentially mitigating factors, such as your record of service, and your desire to have your characterization of service changed. The Board also considered your assertions that you incurred a mental health condition after losing your position as a Radioman due to security clearance concerns, causing you to have to work outside of your rate, which led to your UA. The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your misconduct, which resulted in two NJPs for very serious offenses. Further, the Board concurred with the AO’s statement that there is insufficient evidence to attribute your misconduct to a mental health condition incurred during your 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 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, 9/20/2019 Executive Director