DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Dcket No: 6716-19 Ref: Signature Date 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 24 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy and began a period of active duty on 21 August 1990. You received nonjudicial punishment (NJP) on 16 January 1992, for a period of unauthorized absence (UA). On 23 April 1992, you received a second NJP for UA and failure to conduct duties as pier sweeper. You received a third NJP on 14 May 1992, for false official statement and leaving your appointed place of duty. On 19 May 1992, you were notified of administrative separation processing by reason of misconduct due commission of a serious offense and a pattern of misconduct. You waived your right to consult with counsel. You were discharged on 29 May 1992, on the basis of a pattern of misconduct, and received an other than honorable (OTH) characterization of service and a reentry (RE) code of RE-4. In your application for correction, you ask the Board to upgrade your other than honorable discharge to a general characterization of service. You note that you were 18 years old when you enlisted and you state that you were immature. You had never been away from home before and did not have a role model growing up. You state that you missed ship’s movement one time and were late five times; and during this time, your girlfriend was having your child. You assert that you were suffering from depression and anxiety, and did not have support from your chain of command. You provide character letters and information regarding your volunteer work and involvement in the community as an athletic coach. The Board noted that your application for correction raises a potential issue of mental health conditions during your military service. In a communication dated 22 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 anxiety and depression, and did not have support within your chain of command. The Board also took into account your youth and your personal circumstances, including the arrival of a new child. The Board considered that you were asked to provide additional information regarding your mental health claims, and noted that you elected not to submit medical or clinical treatment records. Based on the lack of evidence in your record supporting your claims of in-service depression and anxiety, and absent additional information regarding possible post-discharge treatment or diagnosis, the Board found that there was not enough evidence to conclude that a mental health condition or conditions mitigated your misconduct. Furthermore, the Board reviewed your three NJPs and determined that the nature and frequency of your misconduct supported your OTH characterization of service. The Board concluded that your OTH characterization does not reflect an error or injustice and does not merit corrective action. 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, 10/27/2020 Executive Director