Docket No: 4943-19 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. A three-member panel of the BCNR, sitting in executive session, considered your application on 5 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 14 August 2020, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 2 November 1987. On 16 January 1989, you were evaluated after your transfer from a civilian hospital following a non-toxic overdose of pills in the context of relationship and work related stressors. On 17 January 1989, you were seen for a psychiatric evaluation and diagnosed with Adjustment Disorder. On 29 September 1989, you were counseled concerning uttering worthless checks by dishonorably failing to maintain sufficient funds, and warned that further deficiencies in your performance or conduct could result in administrative discharge action. On 18 January 1990, you were seen at sick-call seeking mental health. You were, evaluated by psychology services and diagnosed with an Adjustment Disorder with depressed mood, mild and probable Personality Disorder. You were, found fit for full duty and returned to your command. On 22 January 1990, you were seen for a mental health follow-up. You were, diagnosed with an Adjustment Disorder, with depressed features, mild and Personality Disorder, Not Otherwise Specified with Passive-Aggressive and Dependent Features, that existed prior to your enlistment, and found fit for full duty. The psychologist recommended administrative separation due to unsuitability, stating, “This Sailor does not have a mental illness; he is not suitable for retention.” On 6 February 1990, you received nonjudicial punishment (NJP) for 24 days of unauthorized absence (UA). On 25 April 1990, you submitted a request for an OTH discharge in lieu of trial by court-martial for pending charges of using disrespectful language toward a chief petty officer, two specifications of willful dereliction of duty, falsifying an official record and uttering 16 worthless checks totaling $624 without sufficient funds. Prior to submitting this request for discharge, you conferred with a qualified military lawyer, were advised of your rights, and warned of the probable adverse consequences of accepting such a discharge. Subsequently, your request for discharge was granted, and on 11 May 1990, you received an OTH discharge in lieu of trial by court-martial. As a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of a punitive discharge and confinement at hard labor. 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 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 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 during your service. As detailed in the AO, the mental health professional opined that there is insufficient evidence of a mental health condition attributable to your military service that may have mitigated your misconduct. 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 (a) prior to your service, you had experienced abuse as child that affected your ability to serve in the military effectively, and the abuse went on for most of your teenage years; (b) you had a parent that served in Vietnam who had multiple mental issues when he returned home, and you witnessed episodes stemming from his mental trauma while serving; and (c) you were suffering silently from your own mental issues that originated from your home life, and were recently seen by a specialist, and realized you were suffering from abuse that affected you during the years you were serving in the Navy. The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given the misconduct listed in your record. Further, the Board concurred with the AO’s statement 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, Microsoft Office Signature Line...