Docket No: 11472-19 
Ref: Signature Date
 
 
Dear .  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 limitations 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 24 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).  The Board also considered an advisory opinion (AO) from a qualified mental health professional dated 1 February 2021, which was previously provided to you, and your rebuttal of 18 February 2021.   
 
You entered a period of active duty in the Navy on 25 August 1999.  You received nonjudicial punishment (NJP) for a seven day unauthorized absence (UA) and assault.  You were convicted by Special Court-Martial (SPCM) on 27 June 2001 for an additional UA and missing ship’s movement.  You were placed on voluntary appellate leave pending judicial review and then discharged with a Bad Conduct Discharge (BCD) on 7 January 2003.   
    
You contend you had PTSD from childhood that continued through your military service.  You state you were not mentally stable during your service, could not make responsible decisions, and these issues resulted in your discharge. 
 
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 contentions noted above and desire to upgrade your discharge.  The Board also relied on the AO in making its determination and noted your in-service records do not contain evidence of a diagnosis of PTSD or other mental health condition, or psychological/behavioral changes, which may have indicated PTSD or other mental health condition.  Additionally, you did not provide any clinical evidence of in-service or post-discharge diagnosis of PTSD or other mental health condition.  The Board further noted your rebuttal to the AO that states you were instructed by your recruiter not to disclose prior existing conditions; you were not permitted to switch assignments to the Air Division; you went into a UA status on different occasions, and received NJP.  You also state you attempted suicide, cut your wrist, were put on watch, taken to another facility for evaluation, and are confused as to why this was not documented in your service record book and further evaluated.  Based upon this review, the Board concluded that these potentially mitigating factors were insufficient to warrant relief, and specifically, the Board determined that your misconduct outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
Please note, the U.S. Department of Veterans Affairs (VA) offers assistance to all veterans through their Veterans Crisis Line at https://www.veteranscrisisline.net/.  Additionally, whether or not an individual is entitled to veterans’ benefits is a matter under the cognizance of the VA and you may contact the nearest office of the VA concerning your right to apply for benefits.  If benefits have been denied, you may be able to appeal the denial under procedures established by the VA.  
 
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,