Docket No. 3413-19 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 BCNR, sitting in executive session, considered your application on 24 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 and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 2 June 2020, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 6 January 1977. On 26 July 1979, you received nonjudicial punishment (NJP) for two days of unauthorized absence (UA). Your record documents that you acknowledged that you had been warned that further misconduct could result in administrative discharge action, and that you could be considered for an administrative separation because of frequent involvement of a discreditable nature with military authorities. On 18 November 1981, you were convicted by special court-martial (SPCM) of three specifications of UA totaling 679 days. You were sentenced to confinement at hard labor, a forfeiture of pay, and a bad conduct discharge (BCD). You received your BCD on 10 January 1983. 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. As detailed in the AO, the medical health professional noted that during your enlistment physical examination, you described yourself in “good” health and denied any history of substance abuse or mental health conditions. The AO additionally noted that during your discharge physical, you also denied any mental health symptoms or conditions and were found medically qualified for separation from the service without additional consultations or recommendations. The remainder of your in-service medical records did not provide evidence of any mental health symptoms or conditions and consisted of routine military sick call conditions. Additionally, you have submitted no post-discharge clinical records or evidence supporting your petition of an in-service mental health condition, nor of a linkage to your in-service behavior. Should you choose to submit additional clinical information, it will be reviewed in the context of your claims. Therefore, at this time, based on the available evidence, it was opined that there is insufficient evidence to support the contention that you incurred a mental health condition as a result of your military service, or that your misconduct could be attributed to a mental health condition. The Board carefully weighed all potentially mitigating factors, such as your record of service and your desire to upgrade your discharge. The Board also considered your assertions that: (a) you were given the option to receive a dishonorable discharge or could go back on active duty for a year, and you chose to return to active duty for a year; (b) you served on inactive reserve duty for two years and were not given any discharge papers after being released from active duty; (c) you were informed that your discharge papers were mailed to your adoptive parents’ house; (d) you were told that your characterization of service would be upgraded to honorable after you performed one year of active duty; and (e) you believe your discharge should be upgraded because you fulfilled the required one-year active duty period. The Board concluded these factors and assertions were not sufficient to warrant re-characterization of your discharge given your misconduct, which resulted in a NJP, and SPCM conviction for a very lengthy period of UA. Further, the Board concurred with the opinion expressed in the AO that there is insufficient evidence to support the contention that you incurred a mental health condition as a result of your military service, or that your misconduct could be attributed to a mental health condition. 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 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,