DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 3644-20 
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 Under Secretary of Defense for Personnel and Readiness regarding requests by Veterans for modification of their discharge due to mental health conditions, sexual assault, or sexual harassment (Kurta Memo). A three-member panel of the Board, sitting in executive session, considered your application on 10 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 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 22 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. 

You enlisted in the Navy on 5 September 1989. On 31 October 1991, you received nonjudicial punishment for use of marijuana. On the same day, you were notified of the initiation of administrative separation processing, and your rights in connection therewith. In particular, the notification specified that if separation was approved, the characterization of your service could be under other than honorable (OTH) conditions. You waived your right to an administrative discharge board. On 3 December 1991, your commanding officer recommended to the JCB 
separation authority that you be discharged with a general (under honorable conditions) characterization of service, explaining that you had otherwise been a “stellar performer.” Despite your commanding officer’s recommendation, on 11 December 1991, the separation authority directed that you be discharged with an OTH characterization of service, and on 18 December 1991 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. In your petition, you contend that you served your country and you paid many years for your actions. You explained that you have disabilities that you need help with, and that you have tried to be a productive citizen. 
In light of your assertion of medical concerns, the Board sought, and reviewed, the 22 March 2021 AO. The mental health professional reviewed all of the materials that you submitted, and concluded “there is no indication in his military service record or his personal statement his misconduct was the result of a mental health condition.” The AO further concluded that “the preponderance of available objective evidence failed to establish Petitioner was diagnosed with a mental health condition, suffered from a mental health condition at the time of his military service, or his in-service misconduct could be mitigated by a mental health condition.” 

In review of all of your materials, the Board determined that the relief you seek is not warranted. The Board acknowledged the AO’s finding that your asserted mental health or other medical condition does not mitigate your in-service misconduct. The Board also noted you asserted that you have tried to be a productive citizen since the time of your discharge. The Board sought to review your assertion pursuant to the Wilkie Memo, relating to evaluating requests for discharge upgrades based upon clemency factors, and it found that you did not include in your petition any further explanation on your post-service achievements, nor did you include any supporting statements or other documentary evidence to support clemency. In conclusion, given the totality of the circumstances, as well as a review of your overall service record, 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, 
5/16/2021 

2