Docket No: 1912-20 
Ref: Signature Date 

Dear  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 limitations 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 28 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, to include 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 considered an advisory opinion (AO) from a qualified mental health professional dated 5 March 2021, which was previously provided to you. 
 
You entered a period of active duty in the Navy on 10 November 1980.  On 9 April 1981 you received Nonjudicial punishment (NJP) for Article 86 due to a 47-day unauthorized absence.  You received a second NJP on 30 September 1981 for being absent from your appointed place of duty.  On 27 October 1981 you were notified of administrative separation processing by reason of Convenience of the Government due to minor disciplinary infractions and that you could receive a General (Under Honorable Conditions) characterization of service.  You waived your procedural right to consult with counsel and did not object to the separation.  On 16 November 1981 you were discharged with a General (Under Honorable Conditions) characterization of service. 
 
You contend you enlisted in the Navy to join the Seabees program but instead you were sent out to sea and consequently developed PTSD.  The assert that sea life caused you anguish and despair.  You further state you have been receiving help for many years and need to receive treatment from the Department of Veterans Affairs (VA) hospital. 
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your contentions noted above, and desire to upgrade your discharge.  The Board also relied on the AO in making its determination.  The AO concluded that although you were diagnosed with PTSD and Bipolar Disorder post-discharge, the preponderance of available evidence failed to establish you suffered from either condition at the time of your military service or that your in-service misconduct could be mitigated by the mental health conditions.  Based upon this review, the Board concluded that these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your NJPs, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.  Additionally, whether an individual is entitled to veterans’ benefits is a matter under the cognizance of the VA and you may contact their nearest office concerning your right to apply for benefits.  If benefits have been denied, you may be able to appeal the denial under procedures established by the VA.  
 
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, 
5/16/2021
Executive Director