Docket No: 5001-19 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 23 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, applicable statutes, regulations and policies, as well as an advisory opinion (AO) from a qualified mental health professional dated 25 August 2000. You enlisted in the Navy on 24 November 1981. On 11 December 1981, you revealed to the command legal investigator that you failed to accurately report your pre-service marijuana usage and used marijuana one day prior to reporting for training. On 4 February 1982, the Commanding Officer (CO) of Recruit Training Command notified the Chief of Naval Personnel (CNP) of your fraudulent enlistment and recommended no further action. On the same day, you were issued a retention warning for the misconduct. On 26 February 1982, CNP concurred with the CO’s recommendation. On 30 June 1982, you began a period of unauthorized absence (UA). While UA, you were convicted by civilian authorities for simple assault, malicious mischief, and consumption of alcohol as a minor. After serving confinement for your civilian conviction, your UA ended when you were delivered to your command on 17 September 1982. On 20 September 1982, you were convicted by summary court-martial for the period of UA and possession of drug paraphernalia. On 4 November 1982, you received nonjudicial punishment (NJP) for two instances of being absent from your appointed place of duty and signing a false official document. On 23 November 1982, you received a second NJP for missing restriction muster on seven occasions. Subsequently, you were notified of pending administrative separation action by reason of misconduct due to minor disciplinary infractions. After you waived your rights, your CO discharged you with a general, under honorable conditions (GEN), characterization of service due to misconduct. On 25 March 1983, you received a GEN discharge. Your request for a change to your characterization of service was reviewed in consideration of your contention you were suffering from mental illness at the time of discharge. 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,” of 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.” As part of the Board’s review, a qualified mental health professional reviewed your request and provided the Board with an AO on 25 August 2020. The AO stated you submitted no evidence that you exhibited any mental health symptoms or conditions during military service. The AO further stated you have not submitted any evidence of a post-discharge mental health condition as rendered by a mental health practitioner. Based on the available evidence, the AO concluded there is insufficient evidence of a mental health condition attributable to your military service that may have mitigated your characterization of service. The AO was provided to you on 26 August 2020, and you were given 30 days in which to submit a response. When you did not respond within 30 days, your case was submitted to the Board for review. The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were unjustly treated due to mental illness. The Board noted you did not provide specific contentions, a statement, supporting documentation, or advocacy letters in support of your request for an upgraded characterization of service. Unfortunately, after careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency. Even under the liberal consideration standard, the Board found your misconduct warranted an OTH characterization of 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,