DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9126-18 Ref: Signature date 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 three- member panel of the Board, sitting in executive session, considered your application on 25 July 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, policies, and a 11 June 2019 advisory opinion (AO). You enlisted in the Navy and began a period of active duty on 25 July 2000. Your service record is incomplete, but it appears you served without disciplinary incident until 9 April 2001 when you received nonjudicial punishment. On 16 April 2001, you received an administrative counseling warning entry for unauthorized absence and missing movement. Your record is incomplete in that it also does not contain all of the documents pertaining to your administrative discharge but, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears the discharge authority directed a general, under honorable conditions (GEN), discharge by reason of misconduct. On 18 May 2001, you were discharged. Your request for an upgrade to your characterization of service was reviewed in consideration of your contention that you were considered unfit for the military by a psychologist due to unspecified depressive disorder with anxious distress. 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,” of 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 process, a qualified mental health professional reviewed your request and provided the Board with an AO on 11 June 2019. The AO noted that you did not provide any evidence of a mental health diagnosis during military service. Based on the available evidence, the AO concluded there was insufficient evidence to attribute your misconduct to a mental health condition. The AO was sent to you on 17 June 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. The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were separated because you were deemed unfit for the military by a psychologist due to unspecified depressive disorder with anxious distress. The Board further considered that the type of discharge you received prevents you from receiving education benefits. Unfortunately, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. Based on your misconduct, the Board determined you were assigned an appropriate characterization of service. Even under the liberal consideration standard, the Board found your misconduct warranted a general 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.