Docket No: 4716-19 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, sitting in executive session, considered your application on 9 October 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 1 October 2020, which was previously provided to you. You enlisted in the Navy Reserves and began a period of active duty on 31 July 1981. On 16 February 1982, you were honorably released from active duty and transferred to your Navy Reserve unit. On 21 November 1983, you were recalled to active duty. On 25 January and 20 March 1984, you received nonjudicial punishment (NJP) for two instances of being absent from your appointed place of duty, 48 days of unauthorized absence (UA), and disobeying a lawful order by drinking alcohol while in a restricted status. On 18 April 1984, you were, counseled regarding your pattern of misconduct and warned that further misconduct could result in administrative discharge action. On 21 June 1984, you received NJP for two instances of going from your appointed place of duty, failing to report to your appointed place of duty, disrespectful language toward a superior petty officer, disobeying a lawful order, communicating a threat, and disorderly conduct. On 11 December 1984, you were counseled regarding your failure to obey rules, regulations and orders. You were warned of administrative discharge action. On 21 March 1985, you were convicted by special court-martial (SPCM) of two specifications of UA totaling four days, two specifications of failing to be at your appointed place of duty, disrespectful language toward a chief petty officer, larceny from the Navy Exchange, and receiving stolen property. You were sentenced to confinement and forfeiture of pay. You remained on active duty until you were released and transferred to the Navy Reserve at the completion of your required service. You received a General (under honorable conditions) characterization of service for your period of active duty. You request an upgrade of your General (under honorable conditions) characterization of service to Honorable, based on your contention that you were suffering from a mental illness during your military service. 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. A qualified mental health professional 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 during your service. The AO noted that your post-discharge diagnosis of Attention-deficit/hyperactivity disorder (ADHD) was based on evaluations occurring 32 years after your military service without any clinical history linking this mental health condition to your military service or military misconduct. Therefore, based on the available evidence, that while you incurred diagnoses of Alcoholism and Drug Abuse while on active duty, there is insufficient evidence that you incurred additional mental health disorders as a result of your military service that would mitigate your in-service misconduct. The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to upgrade your discharge. The Board also consider your assertions that your diagnosis has affected your actions for your entire life, caused poor behavior during your enlistment, and that the misdiagnosis and failure to treat the correct mental illness were directly responsible for the actions that led to your SPCM. The board noted that characterization of service is based in part on conduct marks assigned on a periodic basis. Your conduct average was 2.8. At the time of your service, a conduct average of 3.0 was required to be considered for an honorable characterization of service. Further, the Board concurred with the AO in that there is insufficient evidence that you incurred additional mental health disorders as a result of your military service that would mitigate your in-service misconduct. Accordingly, the Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your misconduct, which resulted in three NJPs, a SPCM conviction, the fact that you were warned of the consequences of further misconduct, and your failure to attain the required average in conduct. The Board also reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo). The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records (BCM/NRs) “in determining whether relief is warranted on the basis of equity, injustice, or clemency.” The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief. However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 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,