Docket No: 363-20 
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 31 March 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 February 2021, which was previously provided to you.   
 
You entered a period of active duty in the Navy on 16 October 1996.  You then entered several periods of unauthorized absence (UA).  You first entered into a UA status for 15 days on 19 November 1997 until your surrender on 4 December 1997.  Your second period of UA was for 1 day from 6-7 January 1998 which also terminated with your surrender.  Your final period of UA occurred from 30 January 1998 until your apprehension on 21 March 1998, lasting 50 days.  Although your service record is incomplete, your DD Form 214 indicates you were separated under other than honorable conditions in lieu of trial by court-martial on 9 April 1998.  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, will presume that they have properly discharged their official duties.  Accordingly, the Board presumed that prior to your discharge you were provided military counsel, advised you of your procedural rights, and requested separation in lieu of trial by court-martial in order to avoid the possibility of conviction and exposure to more severe sentencing consequences.  
    
You contend that during your time in the Navy you suffered from a social anxiety disorder which led you into major depression.  You further contend your mental state affected your choices and behaviors because your condition was undiagnosed and you were not treated. 
 
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 relied on the AO in making its determination and noted your in-service records do not contain evidence of a diagnosis of a mental health condition or psychological/behavioral changes which may have indicated a mental health condition.  Additionally, the Board noted you did not provide any evidence of an in-service or post-service mental health condition.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your multiple periods of 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,