Docket No: 1617-20 
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 you did not file your application in a timely manner, the statute of limitation was waived in accordance with the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo).  A three-member panel of the Board, sitting in executive session, considered your application on 12 April 2021.  The names and votes of the panel members 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, including the Kurta Memo, the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo).  The Board also requested and reviewed a 2 March 2021 advisory opinion (AO) from a mental health professional, which was provided to you, and to which you did not provide a rebuttal. 
 
You enlisted in the Navy on 27 April 1972.  On 12 September 1972 you were the subject of a criminal investigation regarding the theft of a privately owned vehicle.  On 25 September 1972, you began a period of unauthorized absence that was terminated by your apprehension by civilian authorities on 18 June 1973.  During your period of unauthorized absence, you missed the movement of your ship on two occasions.  On 7 August 1973, you were convicted by a special court-martial for a 267 day period of unauthorized absence.  Your sentence included confinement and a bad conduct discharge.  A few days after you were released from confinement, you commenced another period of unauthorized absence for over 190 days.  

On 5 June 1974, you received nonjudicial punishment for that period of unauthorized absence.  On 1 March 1976, your bad conduct discharge was approved and you were discharged.  You previously petitioned this Board, contending that you suffered from post-traumatic stress disorder (PTSD), and this Board denied your previous petition on 26 November 2012.   
 
The Board carefully considered all potentially mitigating factors in your petition to determine whether the interests of justice warrant relief in your case including in accordance with the Hagel and Wilkie Memos.  These included, but were not limited to, your contentions that you suffered from PTSD as a result of a pre-service car accident as well as your time spent in the Navy.  In connection with your contentions, the Board considered the 2 March 2021 AO.  As reflected in the AO, the mental health professional reviewed all of your contentions as well as the evidence that you provided in support, including the material from your civilian provider.  The AO concluded that, “the preponderance of available evidence failed to establish Petitioner exhibited behaviors or psychological symptoms associated with PTSD or other mental health conditions during his military service, or that his in-service misconduct could be attributed to PTSD or other mental health conditions.” 
 
Based upon its review, the Board concluded the potentially mitigating factors you raised were insufficient to warrant relief.  The Board credited the conclusion of the AO.  The Board also noted that the majority of your time in the service was spent in two periods of unauthorized absence.  Given the totality of the circumstances, and in light of your court-martial conviction and nonjudicial punishment, the Board determined that your request does not merit relief. 
 
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. 
 
 Sincerely,