Docket No: 6724-19            
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 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 14 September 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 30 July 1999.  Your record reflects a period of unauthorized absence (UA) from 5 to 9 September 2001.  You had a second period of UA from 19 June 2002 to 21 November 2002.  Upon your return to military control, you requested an other than honorable discharge in lieu of trial by court martial for the period of UA from June to November 2002.  Commanding Officer, TPU determined that approval of your request was in the best interest of the Navy.  On 13 February 2003, you were discharged from the Navy on the basis of a request for administrative discharge in lieu of trial by court martial, and received an other than honorable discharge and a reentry (RE) code of RE-4. 
 
In your application for consideration, you ask that your other than honorable discharge characterization be upgraded to honorable.  You contend that an upgrade is warranted because of extenuating circumstances based on undiagnosed behavior issues.  In your petition you assert that during your time in the Navy you were suffering from undiagnosed Autism Spectrum Disorder.  You state that your disorder substantially contributed to bullying and abuse, which ultimately led to your other than honorable discharge.  You were regularly teased, locked in your bunk by fellow Sailors, and hit with a bag of soap while using the head.  You state that prior to your second six month deployment, you were living off of the ship and your anxiety about returning to the USS  due to the previous bullying led you to refuse to return.  You assert that the abuse at the hands of your shipmates became more than you could psychologically tolerate.    
 
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 undiagnosed Autism Spectrum Disorder and that you were bullied and harassed by your shipmates.  The Board noted that you were asked to provide additional information regarding diagnosis or treatment, but you did not do so.  In the absence of such information, the Board found that there was not sufficient evidence to determine that you suffered from a mental health condition that mitigate the misconduct in your record.  The Board concluded that your request for an other than honorable discharge was properly issued following your request for an administrative separation to avoid trial by court martial for a significant period of UA.  Accordingly, the Board determined that there is insufficient evidence indicating that your current discharge is either erroneous or unjust.  
 
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,