DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1724-21 Ref: Signature Date Dear Petitioner: This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 8 September 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). 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. You enlisted in the Navy on 22 August 1995. On 11 October 1995, you were diagnosed with Essential Hypertension that existed prior to enlistment (EPTE) into the Navy. It was determined that you were not physically qualified and did not meet physical standards for enlistment into the Navy. As a result, you were recommended for separation from the Navy. Subsequently, you were notified of pending administrative separation action by reason of failed medical procurement standards. You were ultimately separated with an entry-level separation due to failed medical procurement standards on 18 October 1995. An Advisory Opinion (AO) also reviewed your request for correction to your record and provided the Board with an AO dated 1 July 2021 regarding your assertion of suffering from a Mental Health Condition (MHC). The AO stated in part that your Official Military Personnel File revealed no misconduct or counselings, and that you were discharged due to “essential hypertension.” You explained that you developed a fear of the water during boot camp, as well as experienced high amounts of stress that led to your hypertension. No civilian records were provided for review. Your 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. You were discharged due to a medical issue (hypertension), and not due to symptoms related to a mental health condition. The AO concluded by opining 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 discharge 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, the AO, your desire to upgrade your discharge and contention of a MHC as a reason for your entry-level separation. The Board also noted your contentions that no one explained the type of discharge you were receiving, you developed a fear of water during boot camp, which led to your hypertension, and that your recruiter told you that the Navy would teach you how to swim. However, the Board determined that there was insufficient evidence to support your contention that you had a service-connected MHC, which contributed to your entry-level separation. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board found no nexus between a MHC and your entry-level separation. The Board also concurred with the AO in that there was insufficient evidence to support your contention that you had a service-connected MHC that contributed to your entry-level separation. 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, 9/8/2021 Executive Director