DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5433-20 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. A three-member panel of the Board, sitting in executive session, considered your application on 14 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 Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 25 August 2017 guidance from the Secretary of Defense regarding requests by Veterans for modification of their discharge due to mental health conditions, sexual assault, or sexual harassment (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 8 April 2021, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 27 January 1984. You reenlisted on 26 March 1990 and again on 10 March 1994. On 11 June and 31 October 1994, you received NJP for failing to go to your appointed place of duty, and three days of unauthorized absence (UA). On 1 November 1994, you were counseled concerning your UA, and warned that further misconduct, could result in administrative discharge action. On 15 November 1994, you received NJP for two specifications of disobeying a lawful order, and dereliction of duty. On 21 June 1995, you received NJP for intent to deceive. Additionally, you were notified of administrative discharge action due to a pattern of misconduct. After being afforded your procedural rights, you elected to waive your right to request that your case be heard before an administrative discharge board. On 26 June 1995, your case was forwarded to the separation authority with the recommendation that you be separated from the Navy due to a pattern of misconduct. On 15 August 1995, the separation authority directed that you be separated from the Navy due to a pattern of misconduct. On 28 August 1995, you were discharged from the Navy with an other than honorable characterization of service. 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 was suffering from a mental health condition during your service. The AO noted that based on the available evidence, there is sufficient evidence you exhibited behaviors associated with a mental health condition during your military service and your misconduct may be mitigated by your 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 assertions that you believe your type of discharge was unjustified. 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 seven NJPs, and the fact that you were counseled and warned of the consequence of further misconduct after your fifth NJP, outweighed these mitigating factors. Additionally, the Board did not find a nexus between the mental health condition and all your misconduct during your service. 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, 7/29/2021 Deputy Director