Docket No:  6651-19 
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 relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
  
Although you did not file your application in a timely manner, the statute of limitation was waived in accordance with the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo).  A three-member panel of the Board, sitting in executive session, considered your application on 7 December 2020.  The names and votes of the panel members 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, to include the Kurta Memo, the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo).  
 
You enlisted in the Navy and began a period of active duty on 23 December 1985.  During your service, you received nonjudicial punishment (NJP) on two occasions for communicating a threat, damaging government property, using provoking gestures and speech, and assault.  In March 1988, you were diagnosed with a Personality Disorder.  Your diagnoses included Occupational Problems and Personality Disorder, NOS (Not Otherwise Specified) with passive-aggressive, immature, and impulsive personality traits.  At that time, you were recommended for an expeditious administrative separation.  Your original service record was incomplete and did not contain all of the documentation pertaining to your separation from the Navy.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.  Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged from the Navy on 20 April 1988, by reason of misconduct due to commission of a serious offense, with an other than honorable characterization of service.   
 
A mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you was suffering from a mental health condition during your service.  The AO noted, that based on the preponderance of available evidence, there is insufficient evidence that you incurred a mental health disorder as a result of your military service that would mitigate your in-service conduct. 
 
The Board considered your assertions that you developed mental health issues while in service, and your command refused to take you out of a hostile work environment.  However, the Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your misconduct, which resulted in two NJPs for serious offenses.  Further, the Board concurred with the AO in that there is insufficient evidence that you incurred a mental health disorder as a result of your military service that would mitigate your in-service conduct. 
 
The Board also carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your record of service, your desire to upgrade your discharge, and your assertion that you need mental health treatment from the Department of Veterans Affairs.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your NJPs, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
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, 
1/13/2021
Executive Director