DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 2491-20 
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 5 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 17 March 2021, which was previously provided to you. 

You entered a period of active duty in the Navy on 22 September 1992. On 19 July 1993 you deserted base housing at the    Naval Shipyard. On 25 August 1993 a Desertion/Absentee message was issued regarding your unauthorized absence (UA) status. You surrendered to military authorities at NRS    on 14 January 1995. On 27 January 1995 a counseling entry was entered into your service record indicating you had been charged with 544 days of lost time and that your absence was not excused. You were discharged with an Other Than Honorable (OTH) characterization of service on 17 March 1995 with a narrative reason for separation noted as “Discharged in Lieu of Trial by Court-Martial.” Although your service record is incomplete, the Board relied on a presumption of regularity to support the official actions of public officers, and in the absence of substantial evidence to the contrary, presumes that they have properly discharged their official duties. Based on the counseling entry and narrative reason for separation you received, the Board presumed you would have initiated the request for separation after consulting with counsel and being afforded your procedural rights. 

You contend you were experiencing mental health impairments in-service and that you did not obtain proper medical care, mental health evaluations, or treatment for the issues surrounding your mental breakdown. You state you wanted to serve your country and would not have willingly tarnished your character unless something out of your control happened. 

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 your desire to upgrade your discharge. The Board also relied on the AO in making its determination. The AO noted that you did not provide any evidence of an in-service mental health condition, nor did you describe any symptoms you experienced while in-service. The AO concluded the preponderance of objective evidence failed to establish you were diagnosed with or suffered from a mental health condition at the time of your military service, or that your in-service misconduct could be attributed to a 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 long term UA, 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, 
5/18/2021 

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