Docket No: 5143-20 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 17 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 1 April 2021 advisory opinion (AO) from a mental health professional. You enlisted in the Navy on 25 March 1987. On 14 March 1991, you received nonjudicial punishment for failing to go to your appointed place of duty, and also received a written warning concerning your behavior and conduct. On 13 May 1991, you received nonjudicial punishment for a four day period of unauthorized absence. On 3 July 1991, you received nonjudicial punishment for being absent from your appointed place of duty, resisting apprehension, and disorderly conduct. That day you were also notified of the initiation of administrative separation processing, and your rights in connection therewith. You waived your right to an administrative board and you noted that you did not object to the separation. On 11 July 1991, your commanding officer recommended your discharge with an other than honorable characterization of service. On 16 July 1991, the separation authority directed your discharge with an other than honorable characterization of service, and you were so discharged on 18 July 1991. 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 suffer from PTSD as a result of your naval service, and that should mitigate your misconduct. You provided an 18 April 2017 finding by the Department of Veterans Affairs (VA) that you have PTSD. You also explained that post-service, you worked in the restaurant business, and eventually moved to Costa Rica to build homes, and then injured your shoulder, and you are obtaining treatment from the VA. You have also explained that you have no criminal record, and you have had no encounters with law enforcement other than a few traffic infractions. In light of your assertion of medical concerns, the Board sought, and reviewed, the 1 April 2021 AO, which was considered favorable. The AO considered all of the materials that you submitted, and explained “[t]hroughout his military service, it appeared, his symptoms did not meet the criteria for a diagnosis of a mental health disorder; however, those reported symptoms in conjunction with his post-service diagnoses of Persistent Dysphoric Disorder indicate he may have suffered from prodromal symptoms.” The AO concluded, “it is my considered medical opinion there is sufficient evidence Petitioner exhibited behaviors associated with a mental health condition during his military service and his misconduct may be mitigated by his mental health condition.” In review of all of your materials, the Board determined that the relief you seek is not warranted. The Board acknowledged, but disagreed with, the AO’s finding that your misconduct may be mitigated by your mental health condition. After careful review, the Board could not find a nexus between your misconduct and your mental health condition. The Board also considered the materials you provided concerning your post-service conduct and achievements pursuant to the Wilkie Memo relating to evaluating requests for discharge upgrades based upon clemency. However, the Board found that the information you provided was not sufficient to warrant relief. 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, 5/19/202 Executive Director