Docket No: 4699-19 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 relevant portions of your naval record and your application, 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, 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy and began a period of active duty service on 12 December 1989. Your record indicates that you were stationed on board the USS in January 1992. In October of 1992, you were assigned to Naval Hospital on an in-patient basis; you also received hospital care at Naval Hospital later that same month. You returned to the USS in December 1992. While onboard the USS , your record indicates that you committed misconduct which resulted in administrative separation procedures being initiated against you. On 17 November 1993, you were discharged on the basis of misconduct, and received an other than honorable (OTH) discharge, a separation code of HKK, and a reentry (RE) code of RE-4. In your application for consideration, you ask for an upgrade to your OTH discharge characterization. You assert that you were discharged without proper consideration of all of the circumstances. You were 18 years old when you signed up for the Navy, and served 3 years and 11 months of duty at sea. In your personal statement to the Board, you note that you were a reliable and responsible Sailor until you made an awful mistake. You state that you regret the day you did cocaine because you destroyed your career; it was the first and last time you ever touched the drug. You also contend that being on a ship with men at such a young age left you vulnerable to constant sexual advances from both senior officers and fellow shipmates. You were very overwhelmed. You also note that while you were in you were diagnosed with a tumor and had 30% of your liver removed. Your application indicates that you have been hurting mentally and physically due to the surgery. The Board noted that your application for correction raises a potential issue of al health condition during your military service. In a communication dated 15 August 2019, you were asked to provide additional medical or clinical evidence to support your claim. When you did not provide additional evidence, your case was re-opened and processed for consideration by the Board. Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014, and the “Clarifying Guidance to Military Discharge Review Board 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” memorandum of 25 August 2017. The Board also reviewed your petition in light of the Under Secretary of Defense’s memorandum, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” of 25 July 2018. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you served for 3 years and 11 months of duty at sea and on shore in the , and your statement regarding your in-service treatment. The Board noted that you state you were told at the time of your surgery that you would be able to receive disability benefits if you ever had complications from the surgery. The Board reviewed your record and found that after your surgery, you returned to duty onboard the USS . The Board found therefore, that your surgery does not appear to have impacted your fitness for duty. The Board noted that you did not provide additional information regarding your mental struggles relating to your in-service medical treatment. Based on the information in your application and in your available record, the Board found you did not provide sufficient evidence to establish that you suffered from a mental health condition that mitigated your in-service misconduct. The Board concluded that your current discharge characterization appears to have be issued without error or injustice, and does not merit corrective action. 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,