DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7381-18 Ref: Signature Date Dear This is in reference to your application of 16 August 2018 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 21 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, relevant portions of your naval record, applicable statutes, regulations, and policies, and an advisory opinion (AO) dated 11 July 2019. Regarding your request for a personal appearance, the Board determined a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy and began a period of active service on 27 July 1993. On 23 July 1994, you began a period of unauthorized absence (UA) which ended when you were apprehended on 28 September 1994. You again began a period of UA on 2 December 1994 which ended when you were apprehended on 15 March 1995. Your record is incomplete in that it does not contain the documents pertaining to your administrative discharge but, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears that you submitted a written request for discharge for the good of the service to avoid trial by court-martial. Prior to submitting this request, you would have consulted a qualified military lawyer, at which time you would have been advised of your rights and warned of the probable adverse consequences of accepting such a discharge. Your request was granted and your commanding officer was directed to discharge you with an other than honorable (OTH) characterization of service. On 28 April 1995, you were discharged with an OTH characterization of service. Your request for an upgrade to your characterization of service was reviewed in consideration of your contention you had an “ongoing mental health condition that was untreated while in the military”. 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.” As part of the Board’s review, a mental health professional reviewed your request and provided the Board with an AO on 11 July 2019. The AO noted you did not submit any medical documentation of a mental health diagnosis. The AO concluded there is insufficient evidence to attribute your misconduct to a mental health condition. The AO was provided to you on 15 July 2019, and you were given 30 days in which to submit additional information. When you did not provide a response, your case was submitted to the Board for consideration. The Board carefully reviewed your application, weighed all potentially mitigating factors in your case, and considered your contention that you had an ongoing, untreated mental health condition while in the military. The Board, however, noting you did not submit any supporting documentation, concurred with the AO and determined there is insufficient evidence to support a finding that a mental health condition contributed to or mitigated your misconduct. The Board did not find evidence of an error or injustice that warrants changing your 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 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.