Docket No: 4674-19 
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 BCNR, sitting in executive session, considered your application on 5 October 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.  In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 7 August 2019, which was previously provided to you. 
  
On 30 June 1977, you reenlisted in the Navy after service after three years of prior honorable service.  On 16 September 1977, you began a period of unauthorized absence (UA) that lasted 486 days, ending on 15 January 1979.  On 16 January 1979, you were counseled regarding your UA and understood that continued misconduct could result in administrative discharge action.  On 17 March 1979, you began another period of UA that lasted 814 days, ending on 8 June1981.   On 15 July 1981, you were convicted by special court-martial (SPCM) of two specifications of UA totaling 1,300 days.  You were sentenced to a period of confinement at hard labor, a forfeiture of pay, a reduction in paygrade, and a bad conduct discharge (BCD).  On 26 October 1981, you were released from confinement at hard labor.  On 26 October 1981, you received nonjudicial punishment (NJP) for 14 hours of UA.  You were discharged from the service with a BCD on 9 December 1982.    
  
 
Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014 and the "Clarifying Guidance to Military Discharge Review Board 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" memorandum of 25 August 2017. 
 
A qualified mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from a mental health condition during your service.  As detailed in the AO, the mental health professional opined that there is insufficient evidence of a mental health condition attributable to your military service that may have mitigated your misconduct. 
 
The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to upgrade your discharge.  The Board also considered your assertions that: (a) when you went UA the first time, you were under duress; (b) you were informed that your mother was ill, and you wanted to make sure she was taken care of; and (c) at that time, you believe your mental health issues became totally out of control, and you were not able to think clearly too fully understand your conduct.  The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given the misconduct reflected in your record.  Further, the Board concurred with the AO’s statement that there is insufficient evidence of a mental health condition attributable to your military service that may have mitigated your misconduct. 
  
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, 
Microsoft Office Signature Line...