DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1188-19 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 that 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 2 June 2020. The names and votes of the members of the panel 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion (AO) furnished by a mental health professional dated 6 December 2019, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 21 August 1979. On 13 December 1979, you received nonjudicial punishment (NJP) for violation of a lawful order. On 11 September 1980, you were, convicted by special court-martial (SPCM) of larceny of an automobile. During the period from 8 January to 10 October 1981, you received four NJPs for two instances of possession of marijuana, disobeying a lawful order, and violation of a lawful general order. On 12 November 1981, you were, notified of an administrative discharge action for misconduct due to frequent involvement with military authorities. After being afforded your procedural rights, you elected to waive your right to present your case to an administrative discharge board. On 6 November 1981, you received NJP for possession of marijuana. On 2 December 1981, your case was forwarded to the separation authority recommending that you be separated from the Navy for misconduct due to frequent involvement with military authorities. On 29 December 1981, you began a period of unauthorized absence (UA). On 5 January 1982, a Drug and Disposition message stated you were in the hands of civil authorities, and charged with burglary, grand larceny, and simple possession of marijuana. At that time, your trial date was set for 12 February 1982. On 19 January 1982, the separation authority directed that you be separated from the Navy with an other than honorable (OTH) characterization of service for misconduct due to frequent involvement with authorities. On 26 January 1982, you were discharge in absentia with an OTH characterization of service for misconduct due to frequent involvement with military authorities. You request an upgrade of your characterization of service 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 mental health professional further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion you were suffering from a mental health condition. The AO noted that in your enlistment physical you were found medically qualified for enlistment. The AO noted that in your personal statement, you stated you were diagnosed with “bipolar, depression” in your “40’s.” You contend ifyou had been “accurately diagnosed back then, I truly believe my service record would be different as the meds I have been taking for the past ten+ years have proved successful.” The AO stated that a review of your service medical records failed to reveal any entries indicating you suffered from depression, anxiety, psychosis, or other severe psychological conditions during your military service. The AO noted that you provided a Social Security Administration (SSA) letter dated 20 July 2017, stating that you receive monthly SSA Disability Payment. You submitted the names of your civilian psychiatrist and primary care physician, but no other in-service or post-discharge medical records containing a mental health diagnosis or linkage to military service or your in-service misconduct. The AO concluded that there was no evidence linking post-service mental health conditions and your military misconduct. The AO opined that there is insufficient evidence of a mental health condition during your military service to attribute your misconduct to a mental health condition. The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to upgrade your discharge. The Board also considered your assertions that you were diagnosed with mental health issues (bipolar, depression, etc.) in your 40’s, and that this behavior stemmed back from your early days upon entering the service. The Board concluded that these factors and assertions were not sufficient to warrant recharacterization of your discharge given your misconduct, which resulted in six NJPs, and conviction by SPCM. Further, the Board concurred with the AO’s statement that there is insufficient evidence of a mental health condition during your military service to attribute your misconduct to a mental health condition. It is regretted that the circumstances of your case 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 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,