DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4868-20 Ref: Signature Date : 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. The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. A three-member panel of the Board, sitting in executive session, considered your application on 21 June 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 the 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). In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 6 April 2021, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 28 August 1990. On 1 December 1991, you began a period of unauthorized absence (UA). On 2 December 1991, you missed your ship’s movement, and you were declared a deserter on 31 December 1991. Your UA lasted 53 days, ending with your surrender on 24 January 1992. Your original service record was incomplete and did not contain any documentation pertaining to your discharge from the Navy. In such cases, absent evidence to the contrary, the Board relies upon the presumption of regularity and presumes that the officials acted in accordance with governing law/policy and in good faith. Based on your Certificate of Released or Discharge from Active Duty (DD Form 214), you received an other than honorable discharge in lieu of trial by court-martial for 53 days of UA, and missing ship’s movement on 27 March 1992. A qualified mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from PTSD during your service. The AO noted that the preponderance of available objective evidence failed to establish you were diagnosed with a mental health condition, suffered from a mental health condition at the time of your military service, or that your in-service misconduct could be mitigated by a mental health condition. 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 assertion that you were 19 years old after the war, and you were not aware that you were suffering from PTSD. You further assert that you suffer from a weakened immune system, your anxiety has led to a severe psoriasis skin condition, and you have not been able to receive proper treatment. You also assert that depression and stress has affected your ability to work, you struggle with keeping a job for long periods of time; and you have had good conduct and you are a good citizen. However, 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 53 day UA period and missing your ship’s movement, 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, 6/25/2021 Executive Director