Docket No: 2153-19 
Ref: Signature date 
 
 
Dear : 
 
This letter 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 with respect to your request to upgrade your characterization of service was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 8 July 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.  The Board also requested, and considered, an advisory opinion (AO) provided by a medical doctor. 
 
You enlisted in the Navy on 8 November 1985.  On 21 October 1986, you received nonjudicial punishment for failing to go to your appointed place of duty.  On 12 June 1987, you received nonjudicial punishment again for unauthorized absences.  You were issued a formal written warning based on your performance and conduct on 30 June 1987.  On 1 July 1987, you received nonjudicial punishment for unauthorized absences and missing muster.  On 15 July 1987, you were notified of the initiation of administrative separation processing.  On 16 July 1987, you were discharged from the naval service with a general (under honorable conditions) discharge. 
 
The Board carefully weighed all of your contentions and all potentially mitigating factors, including a review of your records to determine if you had a mental health condition that may have mitigated your conduct and discharge.  Your petition was fully and carefully considered by the Board in light of the Secretary of Defense’s memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder,” of  3 September 2014 and the “Clarifying Guidance to Military Discharge Review Board 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,” memorandum of 25 August 2017.  In furtherance thereof, the Board requested an AO on your case to evaluate your claim.  The AO was based on the review of all available records.  You have previously been provided a copy of the AO.  According to the AO, 
 
Unfortunately, the Petitioner has submitted no information that he exhibited signs or symptoms of a mitigatory mental health condition during his military service.  He was evaluated by a mental health provider and diagnosed with a personality disorder.  His mental status examination was normal and there was no evidence of a major psychiatric illness at the time of the evaluation.  His behaviors and misconduct are best conceptualized as manifestations of an inherent inability to handle stress or interpersonal relationships due to his personality disorder. 
 
Additional information, such as medical records containing a diagnosis of a mental health condition associated with his military service and linked to his military misconduct is required to render an alternate opinion.  Should the Petitioner choose to submit additional clinical information, it will be reviewed in the context of his claims. 
 
The AO concluded by stating that, “at this time, based on the available evidence, it is my considered opinion that there is insufficient evidence of a mental health condition attributable to Petitioner’s military service that may have mitigated Petitioner’s misconduct.”  After careful consideration of your contentions, including the AO described above, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. 
 
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,