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

Docket No: 7989-20 
Ref: Signature Date 

Dear Petitioner: 

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 19 July 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 reviewed a 24 May 2021 advisory opinion (AO) from a mental health professional, a copy of which you received and to which you did not provide a response. 
You enlisted in the Navy and commenced a period of active duty on 4 April 1985. On 14 May 1988, you received nonjudicial punishment for disrespect and drunk and disorderly conduct. On 29 November 1988, you received nonjudicial punishment for unauthorized absence. On 18 January 1989, you received nonjudicial punishment for unauthorized absence, disrespect to an officer, and disobeying the order of an officer. On 18 January 1989, you were issued notification of the initiation of administrative separation processing, and your rights in connection therewith, and you waived your right to an administrative board. 

That same day, your commanding officer recommended that you be discharged with an other than honorable characterization of service. On 2 February 1989, the discharge authority directed that you be discharged with an other than honorable characterization of service. On 1 March 1989, you were so discharged. In 2015, you filed a previous petition with this Board, in which you contended that you were young and immature at the time and that you would like credit for the time that you served prior to your discharge. On 9 August 2016, 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 Wilkie Memo. You contend in your petition that you explained you had good service and served on deployments. You also explained that you served as a disbursing clerk, and you had several run-ins with the disbursing officer on your final ship. You also contend that you have PTSD and would like treatment from the Department of Veterans Affairs. 

In light of your assertion of a mental health condition, the Board received, and reviewed, the 11 April 2021 AO. The AO concluded, “it is my considered medical opinion the preponderance of 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 mitigated by 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. The Board noted that you did not provide information sufficient for the Board to consider clemency factors as set forth in the Wilkie Memo. Given the totality of the circumstances, as well as a review of your overall service record, which included the imposition of nonjudicial punishment on three occasions, 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, 
7/21/2021