Docket No:  3811-19 
Ref: Signature Date                          
            
MR 
 
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 16 September 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 March 2020, which was previously provided to you. 
  
You enlisted in the Navy and began a period of active duty on 11 August 1983.  On 9 December 1983, you received nonjudicial punishment (NJP) for wrongful appropriation of government property.  On 7 February 1985, you received NJP for assault.  On 8 February 1985, you were counseled concerning your pattern of misconduct.  You were warned that failure to correct your deficiencies could result in administrative discharge action.  On 21 February 1985, you received NJP for provoking speech.  On 22 February 1985, you were notified of administrative discharge action by reason of a pattern of misconduct.  At that time, you objected to the separation and requested to have your case heard before an administrative discharge board (ADB).  On 15 April 1985, an ADB found that you had committed a pattern of misconduct, and recommended your separation from the Navy with a general characterization of service, however, on 28 May 1985, the ADB reconvened to clarify its specific findings and approved the same.  Your case was forwarded for review, and on 20 June 1985, the separation authority directed that you receive a general discharge due to a pattern of misconduct.  On 3 July 1985, you were discharged from the Navy with a general 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.  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.  However, based on the available evidence, the AO concluded that there is insufficient evidence to support the existence of an in-service mental health condition to which your misconduct could be attributed. 
 
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 it was discussed that your general discharge would be modified to an honorable discharge.  However, the Board concluded these factors and assertions were not sufficient to warrant re-characterization of your discharge given your misconduct, which resulted in three NJPs for serious offenses.  You are advised that there is no provision of law or in Navy regulations that allows for re-characterization of a discharge automatically due solely to the passage of time.  
Further, the Board concurred with the AO in that there is insufficient evidence of a mental health condition attributable to your military service that may have mitigated your 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 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,