DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1905-19 Ref: Signature Date Dear : This 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. 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 16 June 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, and applicable statutes, regulations, and policies, and applicable Advisory Opinion (AO). You enlisted in the Navy and began a period of active duty on 29 June 1988. On 13 October 1988, you received nonjudicial punishment (NJP) for absence without leave from 25 September 1988 to 26 September 1988. On 27 February 1989, you received a second NJP for failure to obey a lawful order. On 21 March 1989, you received a third NJP for dereliction of duty and disobeying a lawful order. Your final Enlisted Performance Evaluation Report for the period of 28 February 1989 to 22 March 1989 contained derogatory information. You were discharged from the Navy on 21 April 1989, on the basis of Misconduct-Pattern of Misconduct, and received an other than honorable discharge and a reentry (RE) code of RE-4. You request an upgrade to your discharge characterization from an other than honorable discharge to a discharge under honorable conditions. You state that unbeknownst to you and while you were serving in the Navy, you were dealing with medical conditions to include a panic disorder and agoraphobia. You have been treated with Zoloft for the last 20 years. 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,” 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.” As part of the review process, a Physician Advisor reviewed your request, and issued the 6 January 2020 AO. The AO considered your allegations of suffering from a mental health condition incurred during your military service which you claim mitigates the misconduct that led to your other than honor discharge. The AO noted that a review of your available service medical and personal records failed to reveal any evidence of complaints, symptoms, or behaviors indicating a mental health condition. During your discharge physical, the examining physician did not list any in-service medical or mental health conditions. The AO also noted that you did not submit information about any clinical diagnoses as rendered by a mental health practitioner. The AO concluded that there is insufficient evidence of a mental health condition attributable to your military service that may have mitigated your misconduct. The AO was provided to you, and you were given 30 days in which to submit a response. When you did not provide a response within the 30-day timeframe, your case was submitted to the Board for consideration. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention of suffering from mental health conditions while in the Navy, and your statement about on-going mental health struggles since your discharge. The Board reviewed the AO and concurred substantively with the determination that there is insufficient information in either your service record or your submissions to establish that you suffered from a mental health condition at the time of your naval service which mitigates the misconduct of three NJPs. The Board reviewed the misconduct as reflected in your NJPs and found that the three NJPs supported the issuance of an other than honorable discharge on the basis of a pattern of misconduct. The Board found that your unsworn statements about in-service mental health conditions alone are insufficient to establish mental health conditions that merit the application of liberal consideration. Absent evidence to support a finding of a mitigating mental health condition, the Board concluded that your current discharge appears proper as issued and does not warrant an upgrade. 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.