No: 0742-20           
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 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 12 April 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 10 February 2021 advisory opinion (AO) from a mental health professional, a copy of which has been provided to you, and to which no rebuttal was received. 
 
You enlisted in the Navy on 30 September 1988.  On 27 October 1989, you received non-judicial punishment for seven instances of obtaining services under false pretenses (wrongful use of a calling card).  On 2 November 1989, you were notified of pending administrative separation processing by reason of misconduct due to commission of a serious offense, at which time you waived your procedural rights, including your rights to consult with legal counsel and to present your case to an administrative discharge board.  Your commanding officer recommended that you be separated from the naval service with an other than honorable (OTH) characterization of service.  The discharge authority approved this recommendation and directed that you be discharged with an other than honorable characterization of service.  On 15 December 1989, you were so discharged.  You previously petitioned this Board and did not provide evidentiary support for any contentions, and on 4 April 2019, this Board denied your petition. 
 
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 Hagel and Wilkie Memos.  These included, but were not limited to your contentions that you have post-traumatic stress disorder (PTSD) and other service-connected ailments.  In connection with your contentions, the Board reviewed the 10 February 2021 AO.  In preparing the AO, the mental health professional reviewed all of your contentions as well as the evidence that you provided in support.  The mental health professional opined that “it is my considered medical opinion the preponderance of available objective evidence fails to establish Petitioner was diagnosed with PTSD or other major mental health condition, suffered from PTSD or other major mental health condition at the time of his military service, or his in-service misconduct could be attributed to PTSD or other major mental health conditions.” 
 
Based upon its review, the Board concluded the potentially mitigating factors you raised were insufficient to warrant relief.  The Board considered the findings of the AO, and noted that you did not provide supporting documentation or other evidence for your contentions.  Given the totality of the circumstances, and in light of the misconduct that was the cause of your discharge, 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,