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

Docket No: 397-19 
Ref: Signature Date 

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 5 May 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 12 September 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. 

On 1 November 1974, you reenlisted in the Navy after serving almost four years of honorable service.  On 30 May 1979, you began a period of unauthorized absence (UA) that ended with your apprehension on 22 December 1983, after being in a UA status for over four years.  On 25 January 1984, you were notified of administrative discharge action for misconduct due to commission of a serious offense.  You waived your right to request to have your case heard before an administrative discharge board.  On 27 January 1984, your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) characterization of service.  On 4 February 1984, the separation authority directed that you be issued an OTH discharge due to commission of a serious offense.  On 13 February 1984, you were separated from the Navy with an OTH discharge. 

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 Docket No: 397-19 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 Navy mental health professional (MHP) further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from a mental health condition.  The MHP noted that you submitted no medical documentation of a diagnosis of a mental health condition incurred as a result of military service.  The MHP concluded that there is insufficient evidence of a mental health condition incurred during your military service. 

The Board carefully weighed all potentially mitigating factors, such as your record of service, to include your prior honorable service, and your desire to upgrade your discharge.  The Board also considered your assertions that you served another five years until having a medical issue that you felt the Navy was not trying to correct.  The Board concluded these factors and assertions were not sufficient to warrant an upgrade in the characterization of your discharge given your lengthy period of UA that appears only to have ended due to your apprehension.  Further, the Board concurred with the MHP that there is insufficient evidence of a mental health condition incurred during your military service. 

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,