DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8322-18 Ref: Signature date Dear : 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. A three-member panel of the Board, sitting in executive session, considered your application on 16 December 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 19 July 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 25 August 1980. It appears that you served without incident, and was honorably released from active duty and transferred to the Navy Reserve on 24 August 1984. On 3 February 1987, you reenlisted in the Navy. Your record shows that on 18 August 1987, you began a period of unauthorized absence (UA) that lasted until you were returned to military control on 25 April 1989. Your record is incomplete, in that it does not contain any documentation pertaining to your administrative separation 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/policy and in good faith. Based on your Certificate of Release or Discharge from Active Duty (DD 214), it appears you submitted a request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for your period of UA. Prior to submitting this request for discharge, you would have been advised of your rights, afforded the opportunity to confer with a qualified military lawyer, and warned of the probable adverse consequences of accepting such a discharge. Subsequently, it also appears your request for discharge was granted and on 13 June 1989, you received an OTH discharge in lieu of trial by court-martial. As a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of a punitive discharge and confinement at hard labor. You request an upgrade of your characterization of service on the basis that you suffered from a mental health condition during 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. As part of the review process, a Navy mental health professional further reviewed your request 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 you denied psychiatric abnormalities in your discharge physical. You submitted a personal statement that you incurred depression and did not report it for fear of stigma. You stated that the severe pain you were experiencing as a result of your dental issues contributed to your misconduct. No additional records were available for review. You submitted no medical information confirming a diagnosis of depression. Your service medical record does support that you received dental treatment in August 1987. The AO noted, however, a decision to go UA could result from many factors. Additional post-service medical records describing your mental health diagnosis and the specific link between your symptoms and your misconduct are required to render an opinion. It was opined that based on the available evidence, there is insufficient evidence to attribute your misconduct to a mental health condition incurred during military service. The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to upgrade your discharge. The Board also considered your statement that there exist no supporting clinical or medical evidentiary record to support your claim, and your assertions that you isolated yourself with two very close friends during the time, both of which are now deceased, and you understood difficulties you were experiencing due to your previous service as a corpsman. You further stated that you did not want a medical record with mental health issues, and that the dental treatment you received during the time, and difficulties arising out of those experiences, greatly contributed to your state of mind. However, the Board concluded that these factors and assertions were insufficient to warrant recharacterization of your discharge given your very lengthy period of UA, what appears to be the referral of charges to a court-martial for that UA, and your request for an undesirable discharge in order to avoid court-martial. The Board also concurred with the AO’s statement that there is insufficient evidence to attribute your misconduct to a mental health condition incurred during 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,