DEPARTMENT OF THE NAVY 

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

Docket No: 3063-18 
AUG O 7 2019 


Dear 

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, sitting in executive session, considered your application on 27 June 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, and applicable statutes, regulations, and policies, as well as the enclosed 16 October 2018 advisory opinion (AO).
 
You enlisted in the Navy and began a period of active duty on 16 October 1996. On 19 November 1997, you began a period of unauthorized absence (UA) that was terminated by your surrender on 4 December 1997. You had a second instance of UA from 6 to 7 January 1998, and another from 30 January 1998 to 21 March 1998. Your record indicates that you requested to be discharged with an other than honorable (0TH) characterization of service in lieu of trial by court-martial. On 9 April 1998, you were discharged with an 0TH characterization of service and a reentry (RE) code ofRE-4. 

You request an upgrade to your characterization of service based on your contention that you 
suffered from mental health conditions at the time of your service, which you claim impacted 
your in-service conduct. You also claim that you attempted suicide as a result of military­
induced depression. 

Your request was fully and carefully considered by the Board in light of the Secretary of Defense's Memorandum, "Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder" of 3 September 2014, and the "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" memorandum of25 August 2017.
 
As part of the Board's review, a licensed clinical psychologist reviewed your assertions and the available records, and issued an AO on 16 October 2018. The AO notes that your application for correction contains insufficient information to render a medical opinion. The AO thus concludes that there is insufficient evidence to support your contention that you incurred a mental health condition due to your military service, and that your misconduct can be attributed to that condition. The AO was provided to you, and you were given 30 days in which to submit a response. When you did not provide a response within 30 days, your case was submitted to the Board for consideration. 

The Board carefully reviewed your application and considered your contention that you suffered from a mental health condition at the time of your misconduct. The Board, however, concurred with the AO and determined that you did not provide sufficient evidence to establish that you had a mental health condition during your military service that mitigates your frequent periods of UA. The Board noted that your complete administrative separation package is not reflected in your available service record, but that your Certificate of Release or Discharge from Active Duty (DD Form 214) indicates that you requested to be discharged rather than face trial by court­martial. The Board thus concluded that the misconduct documented in your record and your request for an administrative discharge to avoid court-martial support your 0TH characterization of service. 

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, 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,