Docket No:  6667-19 
Ref: Signature Date 

 
Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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.     
  
A three-member panel of the BCNR, sitting in executive session, considered your application on 14 December 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo).  In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 28 October 2020, which was previously provided to you. 
  
On 29 December 1989, you reenlisted in the Navy after serving over three years of prior honorable service.  On 9 October 1992, you received nonjudicial punishment (NJP) for larceny and concealing stolen property.  On 30 March 1994, you were convicted by special court-martial (SPCM) of two specifications of unauthorized absence (UA) totaling 344 days, disrespect, disobedience of a lawful order, and escaping from custody.  You were sentenced to a reduction in paygrade, confinement at hard labor, and a bad conduct discharge (BCD).  You received your BCD on 14 December 1995. 
  
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 was suffering from a mental health condition during your service.  The AO noted, that based on the available evidence, the preponderance of available objective evidence does not demonstrate that you suffered from a mental health condition at the time of your military service, or that your in-service misconduct could be attributed to a mental health condition.  
 
In reviewing your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by Wilkie Memo.  These included, but were not limited to, your record of service, character letters and desire to upgrade your discharge.  The Board also considered your assertions that you suffered from a mental health condition, had so many family issues at the time, made an error in judgment and went AWOL, and that you believe your type of discharge should be reconsidered due to your mental state of mind at the time.   Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your NJP and SPCM convictions, outweighed these mitigating factors.  Further, the Board concurred with the AO’s statement that based on the available evidence, the preponderance of available objective evidence does not support your contention that you suffered from a mental health condition at the time of your military service, or your in-service misconduct could be attributed to a mental health condition.  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,