Docket No:  11132-19 
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.     
  
The Board determined that your personal appearance, with or without counsel, would 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. 
 
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 15 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 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 28 January 2021, which was previously provided to you. 
 
You enlisted in the Navy and began a period of active duty on 8 November 1985.  On 24 November 1986, you received NJP for disobeying a lawful order and assault.  On 28 March 1987, you were counseled regarding your misconduct.  On 31 March 1987, you were convicted by a summary court-martial (SCM) of unauthorized absence (UA), and on 29 September 1987, you were convicted by special court-martial (SPCM) of UA, and missing ship’s movement.  You were sentenced to a forfeiture of pay, confinement and a bad conduct discharge (BCD).  On 7 November 1988, you received nonjudicial punishment (NJP) for two specifications of UA totaling two days.  You received your BCD on 12 June 1989.  On 24 June 2016, this Board denied your request for a change to your characterization of service.  At that time, you asserted that you were told you would receive an other than honorable (OTH) discharge.   
 
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 Post-Traumatic Stress Disorder (PTSD) during your service.  The AO concluded by opining that the preponderance of available objective evidence fails to establish you were diagnosed with PTSD or suffered from PTSD at the time of your military service, or your in-service misconduct could be attributed to PTSD or other mental health conditions. 
 
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 assertion that your discharge was unjust because you were assigned to a Transient Personnel Unit, where you waited on orders to a different unit, and during that time you were notified that you were charged with UA, and remained there for months with no pay, no records, and no unit.  You further assert that due to your actions as a young boy, you are suffering as an adult; and you are unable to receive medical treatment for serious health concerns.  Additionally, you assert that since your discharge, you have had many achievements, you have a beautiful family, and because of them, you “need to make amends and make this right.”  However, 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 two NJPs, SCM, and SPCM conviction outweighed these mitigating factors.  Additionally, the Board concurred with the AO’s conclusion.  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,