DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8850-17 Ref: Signature date Dear : This letter 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 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 three-member panel of the Board, sitting in executive session, considered your application on 22 March 2018. The names and votes of the members of the 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 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, as well as applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active duty on 30 August 1978. On 30 October 1980, you reported to psychiatric clinic that you sleep through three alarms, were having trouble hearing, and wanted to know what the problems was. It was determined that you had no mental illness, and had immature traits with mild depressive features. It was recommended that you attend Behavior Skill Training. During the period from 13 November 1980 to 8 January 1981, you received three nonjudicial punishments (NJPs) for three instances of failing to go to your appointed place of duty, and being absent from your appointed place of duty on two occasions. On 15 January 1981, you were screened by the Counseling and Assistance Center due to a drug related incident. You were not recommended for counseling because it was anticipated that you would experience drug involvement in the future. On 16 January 1981, you received NJP for disobeying a lawful order by possessing hashish, and selling a duty free item to a person in . Subsequently, administrative discharge action was initiated by reason of misconduct due to frequent involvement with military authorities. You elected to have your case heard by an administrative discharge board (ADB). On 25 February 1981, you received a written notice about your prior verbal warnings concerning your frequent involvement with military authorities and that continued involvement could lead to processing for an administrative separation. On 28 February 1981, a memorandum of agreement between you and your commanding officer (CO) provided that if the CO recommended you for a general discharge, you would waive your right to have your case heard before an ADB. On 27 February 1981, your CO forwarded your case to the separation authority with the recommendation you receive a general discharge. On 18 March 1981, the separation authority directed that you received a general discharge. You received your general discharge on 8 April 1981. In January 2019 this Board sent you a letter requesting documentation of the mental health condition that you mentioned in your DD149. The Board received no additional supporting evidence. The Board had no access to any VA records you referenced in your application. Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s 3 September 2014 memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of, the 25 August 2017 memorandum “Clarifying Guidance to Military Discharge Review Boards 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,” and the 25 July 2018 memorandum, “Guidance to Military Discharge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, that your discharge was based on your inability to be at the right place at the right time, and you made every attempt to adjust to your work schedule. The Board also considered your assertions that you went as far as setting three alarms, the Navy provided psychological testing and medical exams in an attempt to diagnose a disability, the command took the easy way out – to discharge you, and you would have continued to serve if your sleeping condition was treated better by your command. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct which resulted in four NJPs, numerous counseling consultations, and that you waived your right to request and ADB to secure a recommendation for a general discharge. It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new matters. 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, 6/4/2019 Executive Director