DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10267-19 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. A three-member panel of the Board, sitting in executive session, considered your application on 8 March 2021. The names and votes of the panel members 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 the 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, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 7 January 2021, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 3 January 1974. On 15 January 1975, you were, diagnosed with an Immature Personality Disorder. On 29 January 1975, you received nonjudicial punishment (NJP) for 35 days of unauthorized absence (UA). On 31 January 1975, you were, notified of administrative discharge action by reason of unsuitability due to your diagnosed Immature Personality Disorder. On 6 February 1975, you case was forwarded to the separation authority recommending your discharge. On 24 February 1975, the separation authority directed your separation from the Navy with the type warranted by your service record. On 19 February 1975, you were discharged from the Navy 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 2.7. At the time of your service, a conduct average of 3.0 was required for a fully honorable characterization of service based on the narrative reason for your discharge. 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 qualified mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you was suffering from a mental health condition during your service. The AO noted that based on the available evidence, it was opined that the preponderance of available objective evidence fails to establish you were diagnosed with PTSD, suffered from PTSD at the time of your military service, or your in-service misconduct could be attributed to PTSD or other mental health condition. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to your statement that you believe the reason given, inadaptability and immature personality disorder were incorrect, you were UA due to a broken ankle, and although your mother called the ship, you were unaware your leave had not been extended. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct, as evidenced by your NJP, your failure to attain the required average in conduct outweighed these mitigating factors. Additionally, the Board concurred with the AO that the preponderance of available objective evidence fails to establish you were diagnosed with PTSD, suffered from PTSD at the time of your military service, or your in-service misconduct could be attributed to PTSD or other mental health condition. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. You are entitled to have the Board reconsider its decision upon 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, Executive Director