Docket No:  3171-19 
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 10 August 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 12 May 2020, which was previously provided to you. 
 
You enlisted in the Navy and began a period of active duty on 19 July 1989.  During the period from 6 March 1990 to 26 October 1990, you had two periods of unauthorized absence (UA) totaling 234 days and you missed ship’s movement.  On 31 October 1990, you were referred to a Navy hospital for a psychiatric evaluation due to suicidal ideation and a suicidal gesture after ingesting 4, 800 gram Motrin.  On 2 November 1990, you were diagnosed with an Antisocial Personality Disorder, Passive Aggressive Traits, and Narcissistic Traits.  You were found to be fit for full duty, and not deemed imminently suicidal or homicidal, but was considered an ongoing risk for harm to others.  You were recommended for an expeditious administrative separation for unsuitability after resolution of a pending court-martial.  During the period from 1 December 1990 to 25 October 1991, you had two additional periods of UA totaling 316 days. 
 
Your original service record was incomplete and did not contain any specific documentation pertaining to your separation processing from the Navy.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.  Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), on 23 December 1991, you received a discharge with an other than honorable (OTH) characterization of service in lieu of trial by court-martial, for what appears to be for four periods of UA totaling approximately 550 days. 
 
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.  The mental health professional reviewed your contentions in conjunction with your medical records in order to evaluate your assertion you were suffering from a mental health condition.  The AO concluded that based on the available evidence, there is insufficient evidence available to demonstrate an in-service mental health condition that would mitigate your significant in-service 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 were diagnosed with a Personality Disorder and Schizophrenia while in a Naval hospital, and they did not know how to treat issues like this years ago, so they just gave you an OTH discharge.  However, the Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your misconduct, which resulted in four lengthy periods of UA, and what appears the referral of charges to a court-martial and your request for discharge.  Further, the Board concurred with the AO’s conclusion in that there is insufficient evidence available to demonstrate an in-service mental health condition that would mitigate your significant in-service 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,