DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 DocketNo: 186-17 AUG 25 2018 Dear This is in reference to your application for correction of your naval record pursuant to the provisions of Title IO ofthe United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction ofNa val Records (BCNR) found the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. Accordingly, your application has been denied. A three-member panel ofthe BCNR, sitting in executive session, considered your application on 14 May 2018. The names and votes ofthe members ofthe panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis 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. In addition, the Board considered the advisory opinion (AO) furnished by a qualified Mental Health professional dated 4 April 2018, which was previously provided to you and is enclosed. You enlisted in the Navy and began a period of active duty on 7 December 1982. On 15 December 1983, you received nonjudicial punishment (NJP) for wrongful use ofmarijuana. On 6 January 1984, you received NJP for the use ofdisrespectful language, and disobeying a lawful order. On 27 February 1984, your command reported that you had been charged by civil authorities with aggravated sexual assault, robbery, and criminal restraint. You were released on bail on 29 February 1984, before a military detainer could be filed. On 13 April 1984, you were charged by civil authorities of being under the influence of drugs. Prior to your civilian charges, you had been in an unauthorized absence (UA) status since 28 March 1984. On 8 June and 12 Octoberl984, you received NJP for four instances of UA totaling 76 days. On 15 October 1984, administrative discharge action was initiated to separated you from the Navy for misconduct due to a commission ofa serious offense, a pattern of misconduct and drug abuse. On 17 October i 984, a medical notes states, in part, that you stated you did not have a drug problem, had a positive urinalysis for marijuana, had experimentally used marijuana in the past, but denied use in present months. After being afforded all of your procedural rights, due to a pattern ofmisconduct, you received an other than honorable discharge on 5 November 1984. You request an upgrade ofyour characterization ofservice on the basis that you suffered from a mental health condition during your military service. Your request was fully and carefully considered by the Board in light ofthe Secretary ofDefense's Memorandum, "Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder" of 3 September 2014 and the "Clarifying Guidance to Military Discharge Review Board and Boards for Correction of Military Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment" memorandum of 25 August 2017. A qualified Mental Health Professional reviewed your request for correction to your record and provided the BCNR with an AO regarding your assertion you were suffering from a mental health condition during your service. The AO noted, in part, that the medical note of 17 October 1984 is the only note that references anything pertaining to your mental health. The AO reviewed your contention that you developed a mental health condition while in service that may have mitigated your misconduct. However, there was no evidence that you were diagnosed with any mental health condition or that you ever sought assistance in dealing with any mental health condition while in service. It was opined that your extensive misconduct to include violence is not consistent with someone who had been diagnosed with chronic depression. The Mental Health Professional also stated based on their medical opinion, there is insufficient evidence to support your contention that your misconduct was due to a mental health condition. The Board in its review of your entire record and application, carefully considered your desire to change your characterization of service in order to received Veteran's benefits, and assertions of predatory hazing by crew members, conduct by officers creating poor morale, chronic depression steaming back for years, you watched in horror a shot-up vessel capsize swallowing up screaming drunken sailors, and civilians who were apparently severely wounded. You also claim that you witnessed the dumping of toxic material into the ocean that went on for weeks, your reaction to the events causes you undue stress, confusion, guilt, shame, and the inability to perform your duties. You further claim that you became depressed, suicidal, despondent, and went UA after being sent home for your grandfather's funeral. The Board concurred with the AO's statement that there is insufficient evidence to support your contention that you suffered from a mental health condition during your time in service which contributed to your misconduct. The Board determined that the nature of your misconduct supported your OTH discharge. It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence. New evidence is evidence not previously 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 ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director