Docket No: 577-20 
Ref: Signature Date 

Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo).  A three-member panel of the Board, sitting in executive session, considered your application on 31 March 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, 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).  The Board also considered an advisory opinion (AO) from a qualified mental health professional dated 9 February 2021, which was previously provided to you.   
 
You entered a period of active duty in the Navy on 20 September 1989.  On 5 April 1992 you were involved in an incident while in a foreign port () that resulted in your civilian conviction and nonjudicial punishment (NJP).  On 9 April 1992 you plead guilty in civilian court and were convicted of involvement with civil authorities that included assault occasioning actual bodily harm, criminal damage, and assaulting a police officer.  You received NJP on 15 April 1992 for the same incident and were found guilty of Article 128, assault upon a person in the execution of law enforcement duties; and Article 134, drunk and disorderly conduct.  You were notified of administrative separation processing on 21 April 1992 due to commission of a serious offense as evidenced by your civilian conviction and NJP, and you waived your procedural right to counsel and an administrative separation board.  The separation authority directed your separation with an other than honorable characterization of service.  You were so discharged on 1 July 1992. 
    
You contend your discharge was unjust due to the lack of support for mental distress and alcohol abuse counseling that you needed before, during, and after the one-time incident that led to your discharge.  You further state you would like to utilize your Department of Veterans Affairs (VA) benefits to include a VA home loan. 
 
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 contentions noted above and desire to upgrade your discharge.  The Board relied on the AO in making its determination and noted throughout your military service, disciplinary actions, counselings, administrative processing, and separation physical examination, there were no concerns endorsed or noted which would have warranted referral to mental health or substance abuse treatment resources.  While you assert you suffered from a mental health issue and alcohol abuse, the Board noted you did not provide any documentation to support this claim.  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 civilian conviction and NJP, 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,