Docket No: 5032-19 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. A three-member panel of the BCNR, sitting in executive session, considered your application on 28 September 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 27 August 2020, which was previously provided to you, and your rebuttal statement to the AO received on 15 October 2020. You enlisted in the Navy and began a period of active duty on 25 November 1977. During the period from 26 July to 15 December 1978, you received three nonjudicial punishments (NJPs) for 25 days of unauthorized absence (UA), missing ship’s movement, five instances of missing restricted musters, being absent from your appointed place of duty, being in your rack with working clothes on, and dereliction of duty by sleeping during working hours. On 21 February 1979, you were formally notified of administrative discharge action by reason of convenience of the government, and discharged with a general characterization of service. You conferred with counsel and did not object to the discharge. On 28 February 1979, your case was forwarded to the separation authority. Your commanding officer characterized you as “not a criminal, but rather an immature, unmotivated individual who required excessive counseling” who was best discharged for the convenience of the government and “for the good of the Navy.” 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 you were suffering from a Mental Health Condition during your service. As detailed in the AO, the mental health professional noted that there is no evidence in your post-discharge psychiatric treatment records that your Bipolar Disorder or Schizotypal Disorder were related to your military service or linked to your in-service misconduct, and advised you that additional information, such as medical records listing your mental health or medical diagnoses and the specific link between your post-discharge diagnoses and your military misconduct is required to render an alternate opinion. Should you choose to submit this information, it will be reviewed in the context of your claims. However, based on the available evidence, it was opined that there is insufficient evidence that your post-discharge mental health condition can be attributed to your military service or that your in-service misconduct may be attributed to a mental health condition. 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) you suffered from anxiety, depression and suicide/homicidal thoughts while serving aboard the USS ; (b) while you were deployed, you requested, on several occasions, to see a mental health doctor, which was denied and you were told to keep working; and (c) due to the lack of medical attention and countless panic attacks while deployed, your mental health condition remained undiagnosed. The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given the misconduct reflected in your record. Further, the Board concurred with the AO’s statement that, there is insufficient evidence that your post-discharge mental health condition can be attributed to your military service or that your in-service misconduct may be attributed to a mental health condition. Please be advised that your rebuttal statement to the AO, was received after the Board convened, and voted to deny your request for an upgrade of your characterization of service. This statement \was forwarded to the Board members for review; however, the Board still concluded the factors and assertions were not sufficient to warrant changing your characterization of service given 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...