Docket No: 5084-19 
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 16 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 31 August 2019, which was previously provided to you. 
  
You enlisted in the Navy and began a period of active duty on 29 May 1981.  During the period from 8 February to 20 December 1984, you received three nonjudicial punishments (NJPs) for failure to obey an order, two periods of unauthorized absence (UA) totaling 31 days, two instances of leaving your appointed place of duty, failure to obey an order, wrongful use of marijuana, and being absent from your appointed place of duty. On 14 December 1984, you were counseled regarding your UA and failing to obey an orders.  You were warned that further misconduct could result in administrative discharge action.  On 27 December 1984, you were notified of administrative discharge action due to a pattern of misconduct.  After being afforded your procedural rights, your case was forwarded to the separation authority.  On 6 January 1985, the separation authority directed that you be separated from the Navy with an OTH discharge.  On 15 January 1985, you were discharged from the Navy with an OTH characterization of 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.  As detailed in the AO, the mental health professional opined that based on the available objective evidence, there is insufficient evidence of a mental health condition at the time of your enlistment 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) you suffered from an undiagnosed and untreated mental health condition, including PTSD and Bipolar, while in the service, and that you were discharge for reasons related to this condition; and (b) you believe that your mental health made it very unmanageable to do your duty, and that you were treating your mental health issues with marijuana.  The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given the misconduct detailed in service your record.  Further, the Board concurred with the mental health professional’s statement that there is insufficient evidence of a mental health condition at the time of your enlistment 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,