DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 95-18 1968-90 Ref: Signature date This is in reference to your reconsideration request of Docket No: 1968-90. You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been denied. Your case was reconsidered in accordance with the BOARD procedures, which conform to Lipsman v. Secretary of the Army, 335F.Supp.2d 48 (D.D.C. 2004). After careful and conscientious consideration of the entire record, the Boad found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your reconsideration request has been denied. Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application. Your current request has been carefully examined by a three-member panel of the Board, sitting in executive session on 22 March 2019. The names and votes of the members of the panel will be furnished upon request. Documentary material considered by the Board consisted of your application and all material submitted in support of your application. In addition, the Board considered the 5 February 2019 advisory opinion (AO), which was previously provided to you and is enclosed. You presented as new evidence, only a personal statement as to all the events that occurred up until your discharge. The Board determined that the statement you provided, even though not previously considered by the Board, was insufficient to establish the existence of probable material error or injustice. 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 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.” A qualified 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, in part, that you submitted no post-service mental health records documenting any mental health diagnosis received. In-service, you were diagnosed with an adjustment reaction of adolescence and immature personality disorder, which indicates that you did experience a mental health condition during your military service. However, there is insufficient information to attribute your periods of unauthorized absence (UA) to a mental health condition. You submitted several personal statements regarding racist behavior incurred and fear that developed, which could contribute to UA, but there are other factors that could also be attributed to your UA. In the absence of post-service mental health records, there is insufficient information to attribute your UA to your mental health concerns. 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 assertions that your attorney assured you that after six months, your undesirable discharge would automatically be upgraded to general (under honorable conditions), that your lawyer provided incorrect advice, ineffective assistance of your lawyer counsel, and that you were not provided any mental health counseling to review why you missed ship’s movement. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your misconduct which resulted in your SPCM conviction, and what appears to be your request for discharge to avoid trial by court-martial. Further, the Board concurred with the AO’s statement that there is insufficient evidence to support your contention that you suffered from a mental health condition, during your time in service, which contributed to your misconduct. The Board determined that there was no material error or injustice in your discharge for misconduct and the resulting characterization of service. Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. It is regretted that the circumstances of your reconsideration petition are such that favorable action cannot be taken again. You are entitled to have the Board reconsider its decision upon submission of new matters. New matters are those not previously presented to or considered by the Board. In the absence of sufficient new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 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, 6/19/2019