DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 6312-20 
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 limitation 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 7 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 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 16 April 2021 advisory opinion (AO) from a mental health professional, a copy of which was provided to you and to which you did not provide a response. 

You enlisted in the Navy on 30 September 2003. On 9 July 2004, you received nonjudicial punishment for four periods of unauthorized absence. You received a written warning concerning this nonjudicial punishment. On 5 March 2005, you were convicted by a summary court-martial for three periods of unauthorized absence and missing ship’s movement. On 24 March 2005, you were notified of the initiation of administrative separation processing and your rights in connection therewith. You waived your right to an administrative board. On 2 May 2005, your commanding officer transmitted his recommendation that you be discharged with an other than honorable characterization of service. While awaiting discharge, on 3 May 2005, you received nonjudicial punishment again for failing to obey an order when you provided alcoholic beverages to a minor. On 13 May 2005, you were discharged with an other than honorable characterization of service. 

The Board carefully considered all potentially mitigating factors in your petition to determine whether the interests of justice warrant relief in your case including in accordance with the Wilkie Memo. You  
contend that you were suffering from a mental health condition and as such should have received a better characterization of service. In light of your assertion of a mental health condition, the Board received, and reviewed, the 16 April 2021 AO. The AO reviewed your service and medical records as well as all of the materials that you submitted. The AO explained that: 

Petitioner’s in-service records do not contain evidence of a diagnosis of a mental health condition or psychological/behavioral changes, which may have indicated a mental health condition. Throughout his military service, disciplinary actions, counselings, and administrative processing, there were no concerns noted which would have warranted referral to mental health resources. While Petitioner asserted he suffered from mental health issues, he did not provide any evidence of symptoms, traumatic events, or a post-service clinical diagnosis to support his claim.

The AO concluded, “it is my considered medical opinion the preponderance of available objective evidence failed to establish Petitioner was diagnosed with a mental health condition, suffered from a mental health condition at the time of his military service, or his in-service misconduct could be attributed to a mental health condition.” 
In review of all of your materials, the Board did not find an injustice in your record warranting relief. The Board concurred with the finding of the AO and concluded the potentially mitigating factors that you raised were insufficient to warrant relief. 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 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, 
6/11/2021 

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