DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 4703-18 
AUG 19 2019 


This is in reference to your application for correction of your naval record pursuant to the provisions ofTitle 10 ofthe United States Code, Section 1552. After care Mand conscientious consideration ofthe entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence ofprobable 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 22 July 2019. The names and votes of the members ofthe 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 ofyour naval record, and applicable statutes, regulations, and policies. In addition, the Board considered the enclosed 28 November 2018 advisory opinion (AO) furnished by a qualified Navy mental health professional dated, which was previously provided to you.
 
You enlisted in the Navy and began a period of active duty on 18 December 1985. On 9 November 1987, you received nonjudicial punishment (NJP) for wrongful appropriation of a foul weather jacket, the property ofthe U.S. Government. On 13 June 1988, you received NJP for a 10-day unauthorized absence (UA). On 5 September 1988, you were convicted by summary court-martial (CM) of two specifications of UA totaling 34 days, failing to go to your appointed place ofduty, and failing to obey an order. On 6 September 1988, you were notified ofadministrative discharge action by reason of misconduct. After you waived your right to request that your case be heard before an administrative discharge board, your commanding officer forwarded your case to the separation authority recommending that you be discharged with an other than honorable (0TH) characterization ofservice by reason ofmisconduct due to a pattern ofmisconduct. On 30 September 1988, the separation authority concurred and directed that you be discharged with an 0TH characterization of service. You were discharged with an 0TH characterization ofservice on 12 October 1988. 

You request an upgrade of your characterization ofservice on the basis that you suffered from a mental health condition during your military service. Your request was fully and carefully considered by the Board in light ofthe Secretary of Defense's memorandum, "Supplemental Guidance to Military Boards for Correction ofMilitary/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder," of3 September 2014 and the "Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification oftheir Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment" memorandum of 25 August 2017. 

A qualified Navy mental health professional reviewed your request and provided the Board with an AO regarding your assertion that you suffered from a mental health condition during your service. The AO noted that, although you denied any psychiatric abnormalities on your discharge physical, you submitted a personal statement that you experienced symptoms of bipolar disorder during your military service. You also submitted a 2018 diagnosis list that noted that you were being treated for bipolar II disorder at that time. No additional records were available for review. You submitted no post-service treatment records. You did submit a diagnosis that indicates you are receiving treatment for bipolar II disorder and have been diagnosed with a personality disorder. However, there is no context or additional information for the diagnoses. In the absence of treatment records, there is insufficient information that the diagnoses are connected to your military service. The AO thus concluded that there is insufficient evidence to attribute your post-service-diagnosed mental health conditions to your military service, and there is insufficient information to attribute your misconduct to a mental health condition. 

The Board carefully weighed all potentially mitigating factors, such as your record ofservice and desire to upgrade your discharge. The Board also considered your assertions that you had bipolar disorder that affected your judgment during your service; that, as a result, you made some impulsive decisions that led to your discharge; and that you need Veterans benefits. The Board, however, concluded that these factors and assertions were not sufficient to warrant changing your characterization ofservice given your repeated misconduct, which resulted in two NJPs and conviction by SCM. The Board also concurred with the AO that there is insufficient information to attribute your misconduct to a mental health condition. Even under the liberal consideration standard, the Board thus concluded that there is no probable material error or injustice in your discharge warranting corrective action. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission ofnew 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 ofregularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 



Executive Director