Docket No:  1035-19/ 5332-99 
Ref:  Signature Date 

Dear : 
 
This letter is in reference to your reconsideration request.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of the entire record, the Board found 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. 
 
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 26 May 2020.  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 4 September 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. 
 
You presented as new evidence, a statement that you incurred significant racial harassment, which resulted in unauthorized absences (UA), as you feared for your personal safety and left “for small periods of time to clear my head and get away from the situation.”  You explained that your objection to the “military way of life” at discharge referred to the racism you experienced.  You submitted a May 2018 letter of support from a civilian social worker, along with notes from two sessions in which you discussed the racism and harassment you experienced in the Navy.  You submitted a September 2018 letter from the Department of Veterans Affairs (VA) that your service has been deemed honorable for VA purposes, and you provided several descriptions and research findings regarding racism in the Navy and the military during .  While the Board acknowledges that you faced racism aboard the USS , which led to several unauthorized absences, the Board concluded that not all of your misconduct can be excused, as your most significant unauthorized absence of 104 days occurred after you were transferred from the ship.  After careful and conscientious consideration of the entire record, the Board determined that your statement and the evidence you provided, even though not previously considered by the Board, were insufficient to establish the existence of probable material error or injustice in your discharge. 
 
You request an upgrade of your characterization of service and change to your narrative reason for separation 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,” 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 Navy mental health professional (MHP) further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from PTSD during your service.  The MHP noted that you have provided no medical documentation of a mental health diagnosis, and although you did meet with a mental health provider who expressed the opinion that the racism you experienced during your military service resulted in repeated UA, additional medical records describing your mental health diagnosis and the specific link between your misconduct and mental health concerns are required to render a comprehensive medical opinion.   
 
It is regretted that the circumstances of your reconsideration petition 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 the absence of 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, 

7/23/2020