DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 2037-18

SEP 10 2019 


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 three­member panel of the Board (Board), sitting in executive sessio~ considered your application on    . 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 applicatio~ together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and 
policies, and the advisory opinion (AO). You enlisted in the Navy and began a period of active duty on    . You received nonjudicial punishment (NJP) on for three specifications of unauthorized absence (UA) and for failure to obey a lawful order to report to your lieutenant. On     you were notified of administrative separation proceedings against you for commission of a serious offense. You waived your right to consult with counsel and you waived your right to appear before an administrative separation board. As part of the administrative separation proceedings, you submitted a written statement explaining that your father passed and was buried a week before you entered boot camp. You stated that you could not handle the responsibility of a job in the Navy and you were on Zoloft for depression. On you were discharged from the Navy on the basis of misconduct, and received an other than honorable characterization of service. 

In your petition to the Board, you request an upgrade to your characterization of service in consideration of your depression and your claim that the Navy refused to recognize the symptoms. 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." 
As part of the review process, a licensed clinical psychologist reviewed your assertions with the available records, and provided the Board with an AO on    . The AO noted that you submitted a statement from your primary care physician that indicates you sought treatment and recovered from the grief of the death of your father. The AO considered the nature of your misconduct and commented that there is no reason that grief would have prevented you from meeting with your lieutenant. The AO concluded that, based on the evidence presented, there is insufficient evidence to support your contention that your misconduct should be attributed to your mental health condition. The AO was mailed to you on    and you were given 30 days in which to submit a response. When you did not provide a response within the 30-day timeframe, your case was submitted to the Board for consideration. 

The Board carefully reviewed your application and noted your contention that you were suffering from depression due to the loss of your father. The Board noted the analysis and opinions within the AO, and the information reflected in your record. The Board was sympathetic to your loss, but found that more information would have been helpful. Specifically, the Board would have liked to know whether you saw a civilian provider during your period ofUA, whether the Navy or a civilian provider prescribed Zoloft, whether you sought treatment for depression during your time in the Navy, and any available documentation pertaining to your inference that the Navy did not recognize your symptoms or provide appropriate care and support for depression during your enlistment. Based on the available evidence, however, the Board concurred with the AO and found that there is insufficient evidence at this time to support your contention that your misconduct was mitigated by a 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.