Dear Ms. : This 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 19 December 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, a medical advisory opinion (AO), and applicable statutes, regulations and policies. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy Reserve on 30 June 2005, and in 2010 you were assigned to a reserve unit attached to the . However, during 2010, you failed to attend reserve drills and accumulated forty (40) unexcused absences for your drills starting in January 2010 and continuing through October. On 5 January 2011, the NOSC attempted to notify you via certified U.S. Mail that you were being processed for an administrative discharge by reason of unsatisfactory participation in the Ready Reserve. The NOSC Commanding Officer noted in his separation endorsement: “GM3 is incapable, or simply unwilling, of adhering to the rules and regulations of this command and the U.S. Naval Reserve, and is unwilling to conduct herself in a manner conducive to good order and discipline.” Ultimately, on 17 February 2011, your administrative separation was approved and directed by Navy Personnel Command, and you were discharged from the Navy Reserve with a General (under honorable conditions) (GEN) characterization of service. Your contention that you suffered from a mental health condition while in the Navy Reserve 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,” 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 Medical Doctor (MD), reviewed your contentions and the available records, and provided the Board an AO dated 4 November 2019. The MD noted that you did not submit any clinical documentation or in-service or post-service treatment records indicating any mental health diagnoses or treatments. The MD also noted that while family issues can result in stress and the potential development of a mental health condition, there is no evidence of a diagnosed mental health condition during or post-service. The MD concluded that there is insufficient evidence that you suffered from a mental health condition during service, or that your poor performance is attributable to a mental health condition. The Board carefully weighed all potentially mitigating factors, such as your contentions that you experienced a hardship and went through a divorce that affected your state of mind. Unfortunately, the Board determined these mitigating factors and contentions were not sufficient to warrant upgrading your discharge or granting any other relief in your case. In accordance with the published guidance, the Board gave liberal and special consideration to your record of service, and your contentions about any traumatic or stressful events you experienced and their possible adverse impact on your service. However, even under the liberal consideration standard, the Board concluded that there was no evidence that you suffered from any type of service-connected mental health-related condition, or that any such mental health condition was related to or mitigated the misconduct that formed the basis of your discharge. Accordingly, the Board determined that there was no material error or injustice in your discharge, and concluded that your pattern of intentional misconduct involving shirking your Navy Reserve responsibilities merited your receipt of a GEN. Additionally, the Board reviewed your application under the guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo). The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.” The USD Memo noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.” The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief, including any arrests, criminal charges, and convictions. However, even in light of the USD Memo, the Board still concluded that, given the totality of the circumstances, your request does not merit relief. 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 the submission of new matters, which will require you to complete and submit a new DD Form 149. 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.