DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9533-17 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 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 advisory opinion (AO) furnished by a qualified Navy mental health professional dated 22 January 2019, which was previously provided to you and is enclosed. You enlisted in the Navy and began a period of active duty on 8 December 1986. On 29 June and 25 July 1988, you received nonjudicial punishment (NJP) for two instances of dereliction of duty and failure to obey an order. Additionally, you were counseled and warned that further deficiencies in your performance or conduct could result in administrative discharge action. On 16 September 1988, you received NJP for two specifications of failing to obey an order. Subsequently, administrative discharge action was initiated to separated you from the Navy for a pattern of misconduct. After being afforded all of your procedural rights, including acknowledging that you could be separated with other than honorable (OTH) discharge, you elected to waive your right to have your case heard before an administrative discharge board. Your case was forwarded to the separation authority with the recommendation that you receive an OTH discharge. On 19 October 1988, the separation authority concurred and directed that you be separated with an OTH discharge. You received your OTH discharge on 24 October 1988. You requested 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 for correction to your record and provided the Board with an AO regarding your assertion you were suffering from a mental health condition during your service. The AO noted, in part, that you provided no post-service treatment records. In-service, you were diagnosed with a personality disorder, which is a mental health condition that describes lifelong characteristics, and is not attributed to military service. You were also diagnosed with nocturnal enuresis, which, from available records, appears to be a recurrence of a condition that you experienced during childhood, and is not attributed to military service. There is insufficient information to attribute your misconduct to your mental health condition. The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to upgrade your discharge. The Board also considered your assertions that before your discharge you had one or more sleepwalking episodes onboard ship, and because of this, you believe you were supposed to have been discharged for medical reasons. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your misconduct, which resulted in three NJP’s, one of which was after you were warned of the consequences of further misconduct. Further, 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 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