DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8894-17 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. A three-member panel of the Board, sitting in executive session, considered your application on 25 March 2019. 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. In addition, the Board considered the enclosed 26 February 2019 advisory opinion (AO), which was previously provided to you. You enlisted in the Navy and began a period of active duty on 24 July 1981. During the period from 24 June 1982 to 3 June 1983, you received three nonjudicial punishments (NJPs) for being absent from appointed place of duty, dereliction of duty, and two periods of unauthorized absence (UA) totaling 52 days. On 3 June 1983, you were counseled regarding your UA periods and warned that further misconduct could result in administrative discharge action. On 3 June 1983, you began another period of UA, that lasted 495 days, ending on 10 October 1984. On 31 January 1985, you were convicted by special court-martial (SPCM) of 495 days of UA. You were sentenced to a forfeiture of pay, confinement at hard labor, and a bad conduct discharge (BCD). You received your BCD on 16 October 1985. You request an upgrade of your characterization of service 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 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.” A qualified Navy mental health professional reviewed your request and provided the Board with an AO regarding your assertion that you suffered from a mental health condition during your service. The AO noted, in part, that you did not submitted any post-service records, and there is no indication that you received any mental health diagnosis in-service. Post-service treatment records describing your mental health symptoms and their specific link to your misconduct is required to render an opinion. The AO stated that at this time, there is insufficient evidence that your misconduct should be attributed 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 and assertions that you were very slow mentally, you have a slow way of thinking, and you are on SSI for mental reasons. The Board, however, concluded that these factors and assertions were not sufficient to warrant changing your characterization of service given your serious misconduct, which resulted in three NJP’s and an SPCM conviction for very lengthy period of UA. Additionally, the Board concurred with the AO that there is insufficient evidence to support your contention that you suffered from a mental health condition that contributed to your misconduct. The Board thus concluded that the nature of your repeated, serious misconduct supported your BCD and there were no material errors or injustice in your 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