DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2018-20 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 26 May 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 18 March 2021, which was previously provided to you. You entered a period of active duty in the Navy on 6 September 1995. You received nonjudicial punishment (NJP) on 10 January 1996 for larceny in violation of Article 121, Uniform Code of Military Justice (UCMJ). On 10 July 1997 you were convicted by special court-martial (SPCM) of wrongful appropriation, seven specifications of failing to maintain sufficient funds, and three specifications of falsely pretending to have authority in violation of Articles 121 and 134, UCMJ, respectively. You were discharged with a bad conduct discharge on 15 September 1999. Although your service record is incomplete, the Board relies on a presumption of regularity to support the official actions of public officers, and in the absence of substantial evidence to the contrary, the Board will presume that they have properly discharged their official duties. You contend you were sexually assaulted by a superior during your enlistment prior to your court-martial and you are appealing the court-martial decision. You further contend you were evaluated for a disability by the Department of Veterans Affairs (VA). Please note that review of courts-martial findings and sentencing is outside the purview of this Board and that the Board reviewed your case to determine if any errors or injustices occurred. Specifically, the Board considered whether the discharge you received was unjust. 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 noted there was no indication of a link in your service record or application between your contention of military sexual trauma (MST) and your in-service misconduct. Accordingly, the AO concluded that the preponderance of objective evidence failed to establish you exhibited psychological symptoms or behaviors associated with victims of MST, or that your in-service misconduct could be attributed to MST or other mental health condition. 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 NJP and SPCM, 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, 7/2/2021 Executive Director