Docket No: 6212-19 Ref: Signature Date MR Dear Mr.: 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 relevant portions of your naval record and your application, 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 for Correction of Naval Records, sitting in executive session, considered your application on 17 August 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. You enlisted in the Navy and began a period of active duty on 18 September 1972. You received nonjudicial punishment (NJP) on 29 April 1973, for failure to go to your appointed place of duty for duty section muster and line watch. On 7 August 1973, you received a second NJP for failure to go to your appointed place of duty at line watch. On 1 October 1973, you received NJP for a period of unauthorized absence (UA) and dereliction of duty. On 8 August 1974, you received NJP for absence without authority and failure to obey a lawful order. On 13 August 1974, you were warned that you may be considered for an administrative discharge because of absence or tardiness in reporting for musters. On 21 August 1974, you were notified of administrative separation proceedings against you on the basis of convenience of the government. You submitted a written objection to such discharge. On 22 August 1974, you again received NJP for UA from your appointed place of duty and for abandoning your watch. On 26 September 1974, you were re-notified of administrative separation proceedings against you by reason of unfitness with the possibility of an other than honorable discharge. Your elected of rights indicates that you wished to appear before an administrative separation board. A letter dated 15 October 1974, from Commanding Officer, Attack Squadron reflects a recommendation that you be discharged by reason of unfitness but receive a general characterization of service. The 15 October 1974 letter indicates that an administrative separation board was not held. Following your Commanding Officer’s recommendation, you again received NJP on 31 October 1974, for failure to go to your appointed place of duty. You were discharged from the Navy on 8 November 1974, and received a general under honorable conditions discharge. In your application for consideration, you ask that your general discharge be upgraded to honorable. You state that you believe you were suffering from depression and trauma at the time of your military service, which impacted your behavior. The Board noted that your application for correction raises a potential issue of a mental health condition during your military service. In a communication dated 9 October 2019, you were asked to provide additional medical or clinical evidence to support your claim. When you did not provide additional evidence, your case was re-opened and processed for consideration by the Board. 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. The Board also reviewed your petition in light of the Under Secretary of Defense’s memorandum, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” of 25 July 2018. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you were suffering from a mental health condition at the time of your service. The Board noted that you did not provide in-service or post-service medical documentation establishing that you suffered from a mental health condition that impacted your ability to comply with the expected standards of conduct. In the absence of such evidence, the Board relied on the information reflected in your record. The Board determined that your misconduct as documented by the numerous NJPs and recorded as violations of the Uniform Code of Military Justice, supported the issuance of your general rather than honorable discharge. The Board concluded that your current discharge does not reflect an error or injustice and that corrective action is not warranted. 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,