DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 202-17 JUN 19 2018 This is in reference to your application for correction of your naval record pursuant to the provisions oftitle 10 of the United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A threemember panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 18 April 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, applicable statutes, regulations, and policies, and the Mental Health Advisory Opinion (AO), dated 23 February 2018. You enlisted in the Navy and began a period ofactive duty on 22 June 1994. During the period from 3 May 1996 to 27 June 1997, you received nonjudicial punishment (NJP) and were convicted by summary court-martial (SCM). Your offenses were larceny, failure to pay a just debt, unauthorized absence (UA) from your unit for a period of 27 days, and missing ships movement. Subsequently, you were notified of pending administrative separation by reason of misconduct at which time you waived your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ABO). Your commanding officer recommended discharge under other than honorable conditions by reason of misconduct. The discharge authority approved this recommendation and directed your separation under other than honorable conditions by reason of misconduct. On 8 September 1997, you were discharged. You request an upgrade to your discharge characterization on the basis that you were suffering from a mental health condition at the time of your military service. Your request was fully and carefully considered by the Board in light ofthe Secretary of Defense'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 also reviewed your request for correction to your record and provided the Board with an AO dated 23 February 2018, regarding your assertion of suffering from a mental health condition. While he participated in a deployment supporting Operation Southern Watch, this mission did not involve combat exposure that would be expected to contribute to a Post Traumatic Stress Disorder (PTSD)-related illness. The AO noted that your in-service medical record contained your discharge physical, you indicated that you were "in good health at this time." You were not taking any medications. You checked the box indicating that you were experiencing "depression or excessive worry." The provider comments regarding this stated, "Occupational, partner-relationship problems, not considered disqualifying." The psychiatric exam was recorded as being normal. Further, no post-service medical documentation was submitted to substantiate the claim of a mental health condition was provided. The AO concluded that it is the A O's liberally considered opinion that there is insufficient evidence to support that your misconduct can be attributed to a mental health condition. The Board carefully weighed all potentially mitigating factors, including the AO and your assertion of a mental health condition as a reason for your misconduct. The Board concluded these factors were not sufficient to warrant relief in your case because ofthe seriousness ofyour repeated misconduct that resulted in an NJP and an SCM. The Board concurred with the AO statement that there is insufficient evidence to support the claim of a mental health condition and concluded the information in your service record and statements you provided was not enough to substantiate your claim of having a mental health condition at the time of your misconduct. The Board in its review discerned no impropriety or inequity in the discharge. It is regretted that the circumstances ofyour case arc such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the 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 of an official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director