DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1266-19 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. A three-member panel of the Board, sitting in executive session, considered your application on 9 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 22 November 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 25 January 1988. During the period from 29 August 1988 to 17 February 1989, you received three nonjudicial punishments (NJPs) for failure to obey an order, three days of unauthorized absence (UA), and failure to go to your appointed place of duty. On 21 February 1989, you were counseled and warned that further misconduct could result in administrative discharge action. During the period from 9 March 1989 to 7 May 1990, you received three additional NJPs for failing to go to your appointed place of duty, two brief periods of UA, failing to obey an order, being incapacitated for the proper performance of duty, and desertion. On 16 May 1990, you were notified of administrative discharge action for a pattern of misconduct and commission of a serious offense. After being afforded your procedural rights, you elected to waive your right to request that your case be heard by an administrative discharge board. Your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) discharge. On 30 May 1990, the separation authority directed that you receive an OTH discharge due to commission of a serious offense. On 31 May 1990, you were discharged from the Navy with an OTH characterization of service. On 6 January 2019, you petitioned the Board seeking to upgrade your OTH to General Under Honorable Conditions “because of a mental defect.” In your personal statement, you stated, “I believe I had a mental breakdown because of the near death experience my mother endured…” You attributed you actions to being “too young and inexperienced to mentally handle the situation.” You included medical records of your mother’s breast cancer diagnosis and subsequent treatments to correlate these episodes of treatment with your periods of UA. Because you are requesting 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 Navy 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. You underwent a Separation Physical Examination on 30 May 1990. You denied experiencing any clinical symptoms indicating a psychological condition including frequent trouble sleeping, depression or excessive worry, loss of memory or amnesia, periods of unconsciousness, or “nervous trouble of any sort.” You were clinically determined to be “qualified for release from active duty. A review of available service medical records revealed an Alcohol Dependency Evaluation on 30 May 1990. You were diagnosed with Alcohol Abuse, Infrequent not Dependent and were recommended for Level I Alcohol Abuse Education. There were no other medical records indicating you sought medical care for a psychiatric condition during your military service or post-discharge. You have not provided any medical documentation of a mental health diagnosis. There is no evidence linking your misconduct to any major mental health condition. Based on the available evidence, the AO concluded that there is insufficient evidence of a mental health condition during your military service to which to attribute your misconduct. 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 believe you had a mental breakdown because of the near death experience your mother endured from her cancer crisis and double mastectomy, and you were too young and inexperienced to mentally handle the situation. The Board concluded these factors and assertions were not sufficient to warrant an upgrade in the characterization of your discharge given your misconduct, which resulted in six NJPs, and the fact that you were warned of the consequences of further misconduct after your third NJP. Further, the Board concurred with the AO that there is insufficient evidence of a mental health condition during your military service to which to attribute your misconduct. 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, 7/16/2020