Docket No: 10432-19
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.     
  
Although you did not file your application in a timely manner, the statute of limitation was waived in accordance with the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo).  A three-member panel of the Board, sitting in executive session, considered your application on 22 February 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 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, and applicable statutes, regulations, and policies, to include the Kurta Memo, the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and 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 8 January 2021, which was previously provided to you. 
   
You enlisted in the Navy and began a period of active duty on 2 December 1986.  On 17 March 1987, you were counseled concerning repeated incidents of unauthorized absence (UA) from class musters, and an appointment with the command Drug and Alcohol Program Advisor.  During the period from 15 April to 23 September 1988, you received nonjudicial punishment (NJP) on five occasions.  The offenses included two specifications of failing to obey an order; as a result of previous overindulgence of liquor, incapacitation for the proper performance of duties; two specifications of failing to go to your appointed place of duty; misbehavior of a sentinel by sleeping on watch; consuming alcohol while under age; disobeying a lawful general regulation; damaging private property; and drunk and disorderly conduct.  Additionally, you were counseled on three occasions regarding your deficiencies and warned that further deficiencies in your performance and or misconduct could result in administrative discharge action.  On 3 October 1988, you were notified of administrative discharge action due to a pattern of misconduct.  After being afforded your procedural rights, you waived your right to have your case heard before an administrative discharge board.  On 25 October 1988, medical personnel found that you were alcohol dependent.  On 1 November 1988, you case was forwarded to the separation authority recommending that you be separated from the Navy due to a pattern of misconduct.  On 13 November 1988, the separation authority directed your separation from the Navy with an other than honorable characterization of service.  On 6 December 1988, you were so discharged.   
 
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 were suffering from PTSD during your service.  The AO stated 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 suffered from sleep disorder, severe sleep apnea, and alcohol dependency, which you received no rehabilitation during the time you were suffering from severe depression.  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 five NJPs, outweighed these mitigating factors.  Additionally, the Board concurred with the AO in 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,