Docket No: 4344-20 
           1838-17 
Ref:  Signature Date 
 

Dear : 
  
This letter is in reference to your reconsideration request received on 16 June 2020.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved.  After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.      
  
Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application.  Your current request has been carefully examined by a three-member panel of the Board, sitting in executive session on 23 November 2020.  The names and votes of the members of the panel will be furnished upon request.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, applicable statutes, regulations, and policies to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations.   
 
You presented a personal statement listing family issues and a timeline of events that occurred prior to your discharge.  You state you were dealing with severe family issues.  Your wife was under psychiatric help, you had to cope with personal problems and duty, and your son had brain surgery.  Additionally, you assert that after surgery there were no flights back, and there was another surgery before he could be released.  You also state you called your command, but the message did not get relayed to the right person, you were treated dishonorably, and responded accordingly.  In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  After careful review, the Board concluded that your under other than honorable conditions discharge characterization was issued without error or injustice, and that corrective action is not warranted. 
 
In your application you ask if your response could be evidence of posttraumatic stress disorder (PTSD).  If there is evidence demonstrating your actions were the result of PTSD or another mental health condition, the Board, when reviewing your case, will consider any evidence you provide in support of this contention (such as letters from mental health providers, service records, or other documentation).  However, the Board is not an investigative agency.  Please note, the U.S. Department of Veterans Affairs (DVA) offers assistance to all veterans through their Veterans Crisis Line at mental health condition, the Board, when reviewing your case, will consider any evidence you provide in support of this contention (such as letters from mental health providers, service records, or other documentation).  However, the Board is not an investigative agency.  Please note, the U.S. Department of Veterans Affairs (DVA) offers assistance to all veterans through their Veterans Crisis Line at mental health condition, the Board, when reviewing your case, will consider any evidence you provide in support of this contention (such as letters from mental health providers, service records, or other documentation).  However, the Board is not an investigative agency.  Please note, the U.S. Department of Veterans Affairs (DVA) offers assistance to all veterans through their Veterans Crisis Line at 
 
In reviewing your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).    However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 
 
It is regretted that the circumstances of your reconsideration petition are such that favorable action cannot be taken.  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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 
 
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,