DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10905-18 Ref: Signature Date 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. A three-member panel of the Board, sitting in executive session, considered your application on 14 April 2020. 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 27 September 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 1 February 1993. On 22 October 1993, you received nonjudicial punishment (NJP) for four brief periods of unauthorized absence (UA). On 12 July 1994, you were convicted by summary court-martial (SCM) of 42 days of UA. On 12 July 1994, you were notified of administrative discharge action due to a pattern of misconduct and commission of a serious offense. After being afforded your procedural rights, you elected not to have your case heard before an administrative discharge board. On 14 July 1994, your case was forwarded to the separation authority with the recommendation that you be discharged with an other than honorable (OTH) characterization of service for being UA in excess of 30 days. On 26 July 1994, the separation authority directed that you receive an OTH discharge by reason of misconduct. On 18 August 1994, you were discharged. 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,” 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 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 that you underwent an Enlistment Physical Examination on 5 January 1993. You stated you were in “good health,” and denied any medical conditions or symptoms. You denied any history of substance abuse. Your physical examination was unremarkable and you were considered physically qualified for enlistment in the Navy. There were no other health record entries found in your submitted package, nor in the available service records. You underwent a Separation Physical Examination on 13 Jul 1994. You stated “I am currently in good health,” and denied any current medication or allergies. You denied experiencing any clinical symptoms or medical conditions including trouble sleeping, depression or excessive worry, loss of memory or amnesia, periods of unconsciousness, attempted suicide, and “Nervous trouble of any sort.” You denied illegal substance use. You were clinically determined to be “physically qualified for release from active duty in the U.S. Navy.” In summary, the evidence does not support the request. This is due to a preponderance of objective supportive evidence that during your military service, there were no clinical signs or subjective complaints indicating a mental condition. Additionally, you did not indicate you were experiencing, or had experienced, any mental health symptoms or conditions during your Separation Physical. There is no evidence in your military service record to indicate a mental health disorder or condition. Additional information, such as post-service medical records listing any mental health diagnoses and the specific link between your diagnosis and your military misconduct is required to render an alternate opinion. Should you choose to submit additional records, they will be reviewed in the context of your claims. However, at this time, based on the available evidence, it was opined that there is insufficient evidence of a mental health condition during your military service to attribute your misconduct to any 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 during your service, you were introduced to military life by other Sailors that lead you down the wrong path, that alcohol was encouraged as a normal after duty activity, and that you are from a proud military family. The environment that you were in, led to misconduct and bad decisions and actions. You would like an upgrade to hopefully relieve some of the anxiety and depression you have dealt with since your discharge. During your UA, you were suffering from depression due to your command and work environment that left you feeling hopeless, unwanted, unneeded, and alone. The Board concluded these factors and assertions, were not sufficient to warrant an upgrade in the characterization of your discharge given your misconduct that resulted in four NJPs and a SCM conviction. Further, the Board concurred with the AO’s statement that there is insufficient evidence of a mental health condition during your military service to attribute your misconduct to any mental health condition. 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. Sincerely, 4/30/2020