DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5090-18 Ref: Signature Date Dear 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 19 August 2019. 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 the 19 March 2019 advisory opinion (AO) furnished by a qualified Navy Mental Health professional, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 16 August 1989. The Board found that during the period from 5 to 30 August 1990, you had two periods of unauthorized absence and missed movement. On 5 September 1990, you were the subject of a medical board for brief reactive psychosis, and paranoid personality disorder, which both existed prior to you entering the Navy. Your original service record was incomplete and did not contain all of the documentation pertaining to your separation from the Navy. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. You were discharged on 1 October 1990 with a general characterization of service. Characterization of service is based in part on conduct marks assigned on a periodic basis. Your conduct average was 2.6. At the time of your service, a conduct average of 3.0 was required to be considered for an honorable 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 reviewed your request and provided the Board with an AO regarding your assertion you were suffering from a mental health condition during your service. The AO noted that you were diagnosed with brief reactive psychosis and paranoid personality disorder and that your history was reviewed by a medical board, which concurred with the diagnosis. Further, according to the AO, your psychotic symptoms began in the months prior to your enlistment and increased following you reporting onboard The AO recounted that your command decided not to press charges for your two periods of UA, because they were related to your psychotic symptoms and paranoid thinking. The AO noted that that you were diagnosed with a mental health condition during your military service, which was not attributed to military service, but did contribute to your discharge. The AO concluded that, based on the available evidence, there is insufficient evidence that your mental health condition should be attributed to military service. Finally, the AO stated that post-service medical records describing your mental health condition, and its specific link to your military service, are required to render an alternate opinion that the mental health condition should be attributed to military service. The Board carefully weighed all potentially mitigating factors, such as your record of service, desire to upgrade your discharge, and assertions that you believe you did not have a physical disability, and had a psychiatric stay at a hospital. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your medical diagnosis, and failure to attain the required average in conduct. Further, the Board concurred with the AO’s statement that there is insufficient evidence that your mental health condition should be attributed to 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.