Docket No:  2620-19 
Ref: Signature Date 
 
MR  
 
 
Dear Mr. : 
 
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 28 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.  In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 15 April 2020, which was previously provided to you. 
 
You enlisted in the Navy and began a period of active duty on 13 October 1989.  During the period from 27 July to 7 December 1990, you received three nonjudicial punishments (NJPs) for making a false official statement with intent to deceive, larceny, dereliction of duty, and obstructing justice.  Additionally, on 7 December 1990, you were counseled and warned that further misconduct could result in administrative separation under other than honorable (OTH) conditions.  On 7 February 1991, you received another NJP for two specifications of disorderly conduct.  On 8 February 1991, your administrative separation processing was initiated by reason of misconduct due to a pattern of misconduct.  After being afforded your procedural rights, you waived your right to request an administrative board, or to submit statements on your own behalf.  Your case was forwarded to the separation authority with a recommendation that you receive an OTH characterization of service.  On 19 February 1991, the separation authority directed that you be discharged from the Navy due to a pattern of misconduct.  On 6 March 1991, you were discharge from the Navy with an OTH characterization of service. 
 
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 qualified 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 a review of available service records revealed an enlistment physical examination in which you described your health as “good” and denied any history of substance abuse or mental health conditions.  On your discharge physical, you stated you were in “good health” and denied any mental health symptoms or conditions.  In-service medical records revealed numerous routine sick call entries, but no indication of mental health symptoms or conditions.  You provided no additional medical records or evidence.  Unfortunately, you have submitted no information or evidence regarding the nature of your claimed trauma, or the subsequent mental health symptoms or changes in your behavior in support of your petition.  The AO also noted that additional information, such as personal statements or clinical records providing some account of your trauma and its effects on your behavior, or personnel or medical records documenting changes in your mental state or associated behaviors following your trauma and linked to your military misconduct is required to render an alternate opinion.  Based on the available evidence, the AO opined that there is insufficient evidence to corroborate a mental health condition attributable to your military service; and therefore, there is insufficient evidence that your in-service misconduct could be attributed to a mental health condition.  The Board concurred with the AO’s opinion. 
 
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 due to the trauma experienced during your service, you were unable to conduct yourself as an Electrical Mechanical Equipment Repairman in the Navy; you had no mental treatment to help with what was going on with you during your service; and that you were just reprimanded and demoted in rank as punishment.  The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your misconduct, which resulted in four NJPs, and the fact that you were warned of the consequence of further misconduct after your third NJP.   
 
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,