Docket No: 2547-20 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 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 3 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, including the 25 August 2017 guidance from the Secretary of Defense regarding requests by Veterans for modification of their discharge due to mental health conditions, sexual assault, or sexual harassment (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 20 March 2021 advisory opinion (AO) from a mental health professional, a copy of which was provided to you, and to which you did not provide a response. On 22 October 2003, you enlisted in the Navy. On 1 July 2005, your command received notification that you tested positive for using marijuana. On 14 July 2005, you received nonjudicial punishment for use of marijuana. On 22 July 2005, you were notified of the initiation of administrative separation processing, and your rights in connection therewith. You waived your right to an administrative board, and on 3 August 2005, your command forwarded your separation materials to the separation authority, recommending that you be discharged with an other than honorable characterization of service. On 9 August 2005, the separation authority directed that you be discharged with an other than honorable characterization of service, and on 16 August 2005, you were so discharged. The Board carefully considered all potentially mitigating factors in your current petition to determine whether the interests of justice warrant relief in your case including in accordance with the Wilkie Memo. You contend that from your enlistment in 2003 until your discharge, you experienced an excessive amount of stress and anxiety due to deployments and a string of broken promises. You explained you were an outstanding serviceman who tested in the upper percentile of ranking tests, and you achieved several awards. You stated that immediately after you graduated from Navy boot camp, you were assigned to a ship that was scheduled to deploy in October 2004, and you began having bad dreams of being in Iraq and coming under heavy gun fire, which resulted in many sleepless nights. Once you returned, you were reassigned to another ship that was scheduled to deploy within weeks of your arrival. You have also explained that post-service, you have moved in a different direction, and, for over a decade, you have ascended in the transportation industry as one of the nation’s most trusted and reliable drivers and you aspire to own and operate a company that provides services throughout the country. In connection with your assertions concerning your mental health concerns while you were on active duty, the Board considered the 20 March 2021 AO. According to the AO, your naval records did not “contain evidence of a diagnosis of a mental health condition or psychological/behavioral changes, which may have indicated a mental health condition.” The AO found that, [t]here was no clinical evidence of post-discharge diagnosis of a mental health disorder.” The AO concluded, “it is my considered medical opinion the preponderance of available evidence failed to establish Petitioner exhibited behaviors or psychological symptoms associated with a diagnosable mental health condition during his military service, or that his in-service misconduct could be attributed to PTSD or other mental health conditions.” The Board commended you on your post-service achievements, but after careful review of the evidence of record, given the totality of the circumstances, and in light of the finding of the AO, 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, 5/4/2021 Executive Director