DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8884-20 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 28 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 13 May 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 and began a period of active duty on 29 December 1993. On 12 May 1994, you commenced a period of unauthorized absence from the Navy Recruit Training Command, . On 3 June 1995, you surrendered onboard a Navy Reserve command in . In August 1995, you were convicted by a special court-martial for your unauthorized absence. Your sentence included a bad conduct discharge (BCD), and on 22 August 1996, you were discharged from the Navy with a BCD. 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 your misconduct while you were in the Navy should be mitigated by a mental health condition. In support of your petition, you provided a psychological evaluation, from prior to your enlistment, recommending that you receive treatment for depression. In light of your assertion of a mental health condition, the Board received, and reviewed the 13 May 2021 AO. Your service and medical records as well as all of the materials that you submitted were reviewed. The AO explained: Petitioner’s in-service records did not contain evidence of a diagnosis of a mental health condition or psychological/behavioral changes, which may have indicated a mental health condition. Petitioner contended his misconduct was linked to his untreated mental health condition. Although he provided a psychological evaluation recommending treatment for depression prior to enlistment, he did not provide a description of symptoms or how he met the criteria for a mental health condition at the time of his misconduct/discharge from service, nor how the purported symptoms interfered with his ability to function. The lack of information made it difficult to identify a nexus with his in-service misconduct and his pre-service diagnosis. Furthermore, his claimed prior service mental health condition would not mitigate the nondisclosure of a mental health diagnosis and/or treatment prior to enlistment The AO concluded, “it is my considered medical opinion the preponderance of available objective evidence failed to establish Petitioner 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 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, 7/6/2021 Executive Director