DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No: 3474-19 
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.

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 for Correction of Naval Records (Board), sitting in executive session, considered your application on 22 August 2019. 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.

You enlisted in the Navy and began a period of active duty on 12 December 1997. On 8 June 1998, you began a period of unauthorized absence (UA); one month later, on 9 July 1998, you were declared a deserter. Your period of UA was terminated by apprehension and you were returned to military control on 6 September 1998. On 8 October 1998, you were found guilty at special court martial proceedings of violating Article 86 of the Uniform Code of Military Justice, for the period of UA from 8 June to 6 September 1998. On 29 January 1999, Commanding Officer,  recommended you be administratively separated on the basis of the commission of a serious offense as evidenced by the guilty finding of the special court martial. You were discharged from the Navy on 18 February 1999, on the basis of commission of a serious offense, and received an other than honorable characterization of service and a reentry (RE) code of RE-4.

In your petition to the Board, you request an upgrade to your characterization of service and ask that you receive an honorable medical discharge. You state that during your time in the Navy, you were experiencing great stress and other mental issues. You assert that you did not receive the correct treatment and that your adverse discharge has been a barrier in obtaining employment. You also note that the other than honorable characterization of service is a source of shame. Finally, you provide information from the Social Security Administration that indicates that you have been receiving monthly Social Security benefits since August 2018, with full benefits in effect beginning December 2018.

The Board carefully reviewed your application and took into consideration that your current discharge impacts your employment options and that you feel a sense of shame regarding the discharge. The Board also noted that since your discharge from the Navy in February 1999, you have been approved for and receiving Social Security disability benefits for mental health issues. Even taking into consideration your post-service receipt of disability benefits, the Board determined that you did not provide sufficient information to establish that you were suffering from or experiencing a disability or condition at the time of your service that prevented you from performing the duties of your office, grade, rank or rating. The Board noted that you had a prolonged period of UA, and that your chain of command initiated discharge proceedings due to your misconduct. The Board concluded that you did not provide medical evidence pertaining to in-service stress and mental issues that impacted your performance of duty. Additionally, the Board determined that you were not eligible for disability benefits based on your misconduct related discharge. Military disability regulations direct misconduct processing to supersede any disability processing. Accordingly, the Board found that your current other than honorable characterization of service received due to commission of a serious offense should not be changed to an honorable disability discharge.

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,