Docket No: 2389-19 
Ref: Signature Date 

Dear 


This is in reference to your application of 12 February 2019 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. 

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 23 April 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, and applicable statutes, regulations.  The Board also considered an advisory opinion (AO) from a mental health provider dated 19 March 2020. 

You enlisted in the Navy and began a period of active service on 5 May 1998.  On 2 December 1999, you received non-judicial punishment for an unauthorized absence (UA) from 21 September 1999 to 25 October 1999, missing ship’s movement, and wrongfully using marijuana.  Your record is incomplete in that it does not contain the documents pertaining to your administrative discharge but, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears that after being afforded all of your procedural rights, the separation authority directed discharge with an other than honorable (OTH) characterization of service by reason of misconduct due to commission of a serious offense.  You were discharged with an OTH characterization of service on 21 January 2000. 

Your request for an upgrade to your characterization of service was reviewed in consideration of your contention you suffered from Post-Traumatic Stress Disorder (PTSD) during 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, “ClarifyingGuidance 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.” 

As part of the Board’s review, a mental health professional reviewed your request and provided the Board with an AO on 19 March 2020.  The AO noted you did not submit any information regarding a clinical diagnosis of PTSD or any mental health condition as rendered by a mental health practitioner.  The AO further noted there is no evidence in your in-service records that you were evaluated by a mental health provider or diagnosed with any in-service mental health conditions.  Based on the available evidence the AO determined there was insufficient evidence of a mental health condition attributable to your military service that may have mitigated your misconduct.  The AO was provided to you on 20 March 2020, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you suffered from a traumatic event in your personal life prior to the misconduct that led to your discharge.  Specifically, the Board considered your contention that you were greatly distressed after your fiancé terminated her pregnancy. You further contend that you were consoled by your childhood friends, and when they offered marijuana, you “accepted their offer in an attempt to medicate myself in my devastation.”  The Board also considered your contention that, if you had received help when you returned from your UA, you would “have been able to get past the event” in your life.  The Board, relying upon the AO, concurred that there was insufficient evidence to support a finding that a mental health condition contributed to or mitigated your misconduct.  The Board did not find evidence of an error or injustice, nor did you submit any evidence, that warrants changing 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.