DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8147-20 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. The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. A three-member panel of the Board, sitting in executive session, considered your application on 26 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 the 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). In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 31 May 2021, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 5 July 1990. On 10 March 1992, you were counseled concerning your failure to pay just debts. Additionally, you were counseled and warned that failure to correct your deficiencies in your performance and or conduct could result in administrative discharge action. On 12 June 1992, you received nonjudicial punishment (NJP) for wrongfully stealing $236 in phone calling card service, wrongfully stealing an AT&T calling card and wrongfully opening and stealing mail. On 2 April 1993, you were convicted by summary court-martial (SCM) of three days of unauthorized absence. On 16 April 1993, you were convicted by civil authorities of using offensive and provoking words in a public place. On 5 May 1993, you received NJP for wrongfully obtaining AT&T services with intent to defraud. On 11 March 1994, you were convicted by general court-martial (GCM) of larceny by stealing 18 checks and one identification card, the property of another, and 16 specifications of uttering bad checks with intent to defraud. You were sentenced to a period of confinement, a reduction in paygrade, a forfeiture of pay, and a dishonorable discharge (DD). You received your DD on 22 March 1995. 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 were suffering from post-traumatic stress disorder during your service. The AO noted that based on the available evidence, the preponderance of objective evidence failed to establish you were diagnosed with a mental health condition, suffered from a mental health condition at the time of your military service, or your in-service misconduct could be attributed to a 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 statement that you made bad choices while in the Navy, and that your decisions were to get attention and to cover up a secret. You assert that after returning from the Gulf, you realized that you were bisexual and did not want it to be known. You tried to fit in, so you hung out with the wrong people, which was bad. You state that you are bisexual, and suffer from PTSD, you never opened or stole anyone’s mail or defrauded AT&T. Additionally, you state that the SCM was not for UA, that you were arrested by civil authorities and bailed out the same evening, returning directly to the ship, never being UA. 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 two NJPs, SCM, civil conviction and GCM for very serious offenses outweighed these mitigating factors. Additionally, the Board concurred with the AO that based on the available evidence, the preponderance of objective evidence failed to establish you were diagnosed with a mental health condition, suffered from a mental health condition at the time of your military service, or your in-service misconduct could be attributed to a mental health condition. 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, 7/30/2021 Executive Director