Docket No: 6275-19 
Ref: Signature date 
 
  
Dear: 
 
This letter is in reference to your application for correction of your naval record, filed 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 with respect to your request to upgrade your characterization of service was insufficient to establish the existence of probable material error or injustice.  Consequently, the application has been denied.     
 
Although the 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 the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 26 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 the application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy on 27 November 1984.  On 5 February 1986, you received nonjudicial punishment for unauthorized absences.  On 26 October 1987, you received nonjudicial punishment for use of marijuana.  On 17 December 1987, you received nonjudicial punishment for another unauthorized absence.  On 17 December 1987, you were also notified of the initiation of administrative separation proceedings, and your rights attendant to same.  You waived your right to an administrative discharge board.  On 25 January 1988, you were offered drug treatment at the Department of Veterans Affairs, but you did not accept the treatment.  On 27 January 1988, you were discharged with an other than honorable characterization of service. 
 
The Board noted that your application for correction raises a potential issue of mental health conditions during your military service.  In a communication dated 30 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 carefully weighed all of your contentions as well as all potentially mitigating factors.  In your petition, you have explained that there was a refusal to seek medical treatment when you were on active duty, that you suffered child sexual abuse, and that you continue to suffer from mental health issues.  The Board carefully considered these contentions, but noted that you did not provide any connection between these factors and your performance and misconduct while you were on active duty.  Accordingly, in light of your punishment for using marijuana, along with the record of two nonjudicial punishments, the Board did not find evidence of any error or injustice that warrants upgrading your 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 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,