DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8276-20 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 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 12 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, to include the Kurta 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 2 May 2021, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 17 June 1992. In January 1993, you received a psychiatric evaluation as a result of self-mutilation. You were diagnosed with Personality Disorder. On 29 April 1993, you were convicted by civil authorities of “Misdemeanor Sexual Battery.” You were sentenced to a fine plus court costs, and six months in jail, which was suspended for two years on a condition of good behavior. In May 1993, you received a psychiatric evaluation as the result of a suicidal ideation. You were again diagnosed with a Personality Disorder. On 4 July 1993, you were notified of administrative discharge action by reason of a Personality Disorder, Commission of a Serious Offense, and Civil Conviction. After being afforded your procedural rights, you elected to waive your right to request that your case be heard before an administrative discharge board. On 23 July 1993, your case was forwarded to the separation authority recommending you receive an other than honorable (OTH) discharge. On 30 July 1993, the separation authority directed that you receive an OTH discharge due to your civil conviction. On 18 August 1993, you were discharged from the Navy with an OTH characterization of service. 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 a mental health condition during your service. The AO noted that the preponderance of available 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 that your in-service misconduct could be mitigated by 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 assertions that you need an upgrade for the purpose of obtaining Veterans benefits you feel you earned. You add that you suffer from severe Bipolar II Disorder, that you believe was not diagnosed during your stay at the Naval hospital, and you were not given medication or further counseling after taking a knife carving the word “DISCHARGE” into your right forearm. However, 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 civil conviction for a very serious offense, outweighed these mitigating factors. Additionally, the Board concurred with the AO in that the preponderance of available 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 that your in-service misconduct could be mitigated by 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, 7/19/2021 Executive Director