DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6994-18 Ref: Signature date 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 that 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 4 November 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 3 May 2019 advisory opinion (AO) furnished by a Navy mental health professional. On 29 January 2019, the Board wrote you requesting additional medical or clinical evidence from you in support of your claim, and received no response. The AO was provided to you on 6 May 2019, and you were given 30 days in which to submit a response. When you did not provide a response, your case was submitted to the Board for consideration. You enlisted in the Navy and began a period of active duty on 26 January 1998. During the period from 27 May 1999 to 23 March 2000, you received three nonjudicial punishments (NJPs) for assault, two periods of unauthorized absence (UA) and 39 specifications of being absent from your appointed place of duty. Additionally, you were counseled and warned that further misconduct, could result in administrative discharge action. Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged with an other than honorable characterization of service on 20 April 2000 for misconduct due to a pattern of misconduct. Your original service record was incomplete and did not contain any documentation pertaining to your discharge from the Navy. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law and policy, and in good faith. 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 in the Petitioner’s discharge physical, he did not report any mental health symptoms and noted that his health was “excellent.” The AO further noted that the Petitioner has submitted no information that he has a diagnosis of a mental health condition. The AO also noted that there is no information in Petitioner’s military service record that he was diagnosed with a mental health condition, and that his military medical record was not available for review. The AO determined that additional information, such as medical records listing the Petitioner’s mental health diagnoses and the specific link between his diagnosis and his military misconduct is required to render an alternate opinion. Accordingly, the AO determined that, at this time, based on the available evidence, there is insufficient evidence of a mental health condition during military service. The Board carefully weighed all potentially mitigating factors in your case, including your record of service, desire to upgrade your discharge, and your contention that due to your past indiscretions, you regret your past youthful behavior. The Board also considers your assertions that you were depressed and were “spiraling in a downward pattern,” were released from the Honor Guard and detained from BUDS (which kept you from being promoted), and that you are bipolar. However, the Board concluded these factors and assertions were insufficient to warrant changing your characterization of service given your misconduct, which resulted in three NJPs, and the fact that you were counseled concerning the consequences of further misconduct. Further, the Board concurred with the AO’s statement that there is insufficient evidence to attribute your misconduct to a mental health condition during your military 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 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, 11/22/2019