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 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 to be 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 12 August 2020.  The names and votes of the panel members 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 of the materials submitted in support thereof, relevant portions of your naval and medical records, applicable statutes, regulations and policies, and an advisory opinion (AO) provided by a mental health professional. 
 
You enlisted in the Navy and began a period of active duty on 1 November 2005.  On 6 November 2006, you received nonjudicial punishment (NJP) for the wrongful use of a controlled substance in violation of Article 112a, Uniform Code of Military Justice (UCMJ), unauthorized absence (UA) in violation of Article 86, UCMJ, and insubordinate conduct toward a noncommissioned officer in violation of Article 91, UCMJ.  You were subsequently discharged from the Navy on 17 November 2006 under other than honorable (OTH) conditions by reason of misconduct due to drug abuse.   
 
Your petition asserts that you were attending group and individual therapy prior to your discharge for what has since been determined to be a service-connected mental health condition, which caused you to make unwise decisions that you ordinarily would not have made.  You also asserted that your condition (Bipolar Disorder Type I) was misdiagnosed while you were in the service and therefore was prescribed medication that did not completely treat this illness.  You assert that this misdiagnosis and insufficient treatment caused you to make unwise decisions and conduct yourself in a manner that you otherwise would not have, resulting in your OTH discharge. 
 
As part of the review process, the BCNR’s physician advisor, a mental health professional and Fellow of the American Psychological Association, reviewed your case and provided an AO to the Board dated 4 June 2020.  As part of this review, he considered all available medical records.  Specifically, he noted that neither your service medical records nor your separation physical examination revealed evidence of any in-service mental health symptoms or condition.  He also noted that while you did provide evidence of Department of Veterans Affairs (VA) enrollment and the existence of a service-connected condition, you provided no medical documentation supporting your claimed clinical diagnosis for Bipolar Disorder Type I or any other mental health condition.  The Board sent you a letter, dated 1 August 2019, requesting that you provide any such documentation, but you failed to do so.  In the absence of any evidence supporting your contention that you have been clinically diagnosed with service-connected Bipolar Disorder Type I, the AO found insufficient evidence of a mental health condition attributable to your military service that may have mitigated your misconduct.   
 
Given your assertion that you were suffering from a mental health condition at the time of your discharge from the Navy, the Board considered your application in light of the guidance provided by the Secretary of Defense (“Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder,” 3 September 2014), as supplemented by the Acting Principal Deputy Under Secretary of Defense for Personnel and Readiness (“Consideration of Discharge Upgrade Requests Pursuant to Supplemental Guidance to Military Boards for Correction of Military/Naval Records (BCMRs/BCNR) by Veterans Claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI),” 24 February 2016.  It also applied the guidance provided by the Under Secretary of Defense (“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,” 25 August 2017).  
 
Based upon this guidance, Board gave liberal and special consideration to your record of service and your contentions about any traumatic or stressful events you experienced and their possible adverse impact on your service.  Even under the liberal consideration standard of review mandated by these policies, the Board found insufficient evidence to conclude that you suffered from any type of mental health condition while on active duty, and therefore insufficient evidence that such a condition was related to or mitigated the misconduct that formed the basis of your discharge.  As a result, the Board found insufficient evidence of error or injustice in the record to justify upgrading the characterization of your service or changing the narrative reason for your separation.  In addition to reviewing your case for errors or injustice, the Board also considered whether your case warranted equitable relief.  In this regard, the Board applied the guidance provided by the Under Secretary of Defense for Personnel and Readiness (“Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations,” 25 July 2018).  In this regard, the Board considered, among other factors, your assertions that you were misdiagnosed and therefore prescribed ineffective medication while in the service, that your untreated mental health condition contributed to your poor decisions and misconduct that resulted in your discharge, that the VA has awarded you a service-connected disability rating, and your desire to be able to provide your DD Form 214 to future employers and for other important matters.  Even considered in light of the above referenced guidance, however, the Board determined that your request does not merit relief at this time under the circumstances.     
 
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, which in this case could include a clinical diagnosis of your claimed mental health condition and/or evidence that it was the service-connected disability recognized by the VA.  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,