DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1941-20 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 the 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, applicable statutes, regulations, and policies, to include the Kurta 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). On 27 April 2021, after receiving the password to access your electronic medical records from the Department of Veterans Affairs, the Board sought an advisory opinion (AO) furnished by qualified mental health provider, which was previously provided to you. Although you were afforded an opportunity to submit a rebuttal, you did not do so. You enlisted in the Navy and began a period of active duty on 5 December 1990. On 28 June 1994, you were issued a counseling/retention warning concerning your financial irresponsibility as evidenced by numerous personal checks returned for non-sufficient funds and telephone calls received from creditors. On 4 November 1994, you received nonjudicial punishment (NJP) for unauthorized absence, dereliction of duty, uttering 18 checks with insufficient funds totaling $3,145, and 4specifications of failing to pay just debts to totaling $1,074. On 9 May 1995, you received NJP for two specifications of failing to obey orders, and uttering a bad check for $820. On 23 May 1995, administrative discharge action was initiated to separate you from the Navy due to a pattern of misconduct and misconduct due to commission of a serious offense. After being afforded your procedural rights, you elected to have your case heard before an administrative discharge board (ADB). On 11 June 1995, an ADB found that you did commit a pattern of misconduct and misconduct due to commission of a serious offense. The ADB recommended your separation with an other than honorable (OTH) characterization of service. On 31 July 1995, your commanding officer forwarded your case to the separation authority concurring with the ADB’s findings and recommendation. On 30 August 1995, the separation authority approved the recommendation and directed your discharge from the Navy due to commission of a serious offense. On 15 September 1995, you were discharged from the Navy with an OTH characterization of service. On 18 November 2015, this Board reviewed your discharge with no change. Your assertion at the time was that you were being treated for a depressive disorder with psychotic symptoms. The Board found that the writing of bad checks was not caused by your depressive disorder and that even if there was a nexus between them, the severity of your misconduct outweighed any mitigation created by the disorder. 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 statement that want an upgrade due to being granted service connection disability as mental illness with sleep disorder, bad dreams, and major depressive disorder, and that no medical evaluation was made prior to your discharge despite your mental health illness. As part of the Board’s review, a mental health provider reviewed your assertions of a mental health condition that incurred during your service, and provided the Board with an AO dated 22 April 2021. The AO concluded that although you carry a post-discharge diagnosis of Major Depression, the preponderance of the objective evidence failed to establish that you exhibited or suffered from symptoms and behaviors indicative of a diagnosable mental health condition at the time of your military service, or that your in-service misconduct could be considered mitigated by a mental health condition. Based on its review, the Board concluded that the 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. 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, 6/11/2021 Deputy Director