DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8268-18 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 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. In addition, the Board considered the 8 July 2019 advisory opinion (AO), furnished by a Navy mental health professional, which was previously provided to you on 9 July 2019. You enlisted in the Navy and began a period of active duty on 24 February 1981. On 10 May 1983, you were counseled concerning your substandard professional performance and frequent absences from your assigned place of duty. You were warned that further deficiencies in your performance and/or conduct could result in administrative discharge action. On 25 May 1983, you received nonjudicial punishment (NJP) for an unauthorized absence (UA) and violation of a lawful general regulation. On 24 August 1983, you were convicted by summary court-martial (SCM) of failing to go to your appointed place of duty and of being in an unauthorized absence status for a period of eight days. On 7 October 1983, you were notified of administrative discharge action by reason of unsatisfactory performance. After being afforded your procedural rights, you did not object to the separation. Your case was forwarded to the separation authority with the recommendation that you be separated from the naval service. On 31 October 1983, the separation authority directed that you be discharged due to unsatisfactory performance. On 10 November 1983, you were discharged with a general (under honorable conditions) characterization of service. Characterization of service is based in part on conduct marks assigned on a periodic basis. Your conduct average was 2.8. At the time of your service, a 3.0 conduct average was required to be considered for an honorable characterization of service. You requested an upgrade of your characterization of service on the basis that you suffered from a mental health condition at the time of your military service. 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 Board 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 of 25 August 2017. A Navy mental health professional further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from a mental health condition during your service. The AO noted that you submitted a personal statement that you were suffering from undiagnosed mental illness, which has since been service connected by the Department of Veteran’s Affairs (VA). You have provided no records confirming a mental health diagnosis and no additional records were available for review. There is no indication in your service or medical record of a mental health diagnosis. Post-service treatment records describing your mental health symptoms and their specific relationship to your military performance are required to render an alternate opinion. At this time, based on the available evidence, it was opined that there is insufficient evidence to attribute your misconduct to a mental health condition. The Board carefully weighed all potentially mitigating factors, such as your record of service, desire to have your characterization of service upgraded, and your assertion that you had an undiagnosed illness, which has since been service connected by the VA. The Board also considered your assertions that your current classification has a negative effect on certain job possibilities and that your classification would have been listed as honorable if the mental illness would have been diagnosed during your service. The Board concurred with the AO’s statement that based on the available evidence, there is insufficient evidence to attribute your misconduct to a mental health condition. Given your misconduct, which resulted in NJP and SCM conviction, and the fact that you were warned of the consequences of further misconduct, the Board concluded these factors and assertions were not sufficient to warrant a change in the characterization of your 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. 11/27/2019