Docket No: 6919-19
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.     
   
The Board determined that your personal appearance, with or without counsel, would not materially add to their 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. 
 
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 9 November 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 and 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. 
 
You enlisted in the Navy and began a period of active duty on 6 July 1982.  On 23 August 1984, you were convicted by summary court-martial (SCM) of 112 days of unauthorized absence (UA).  On 20 September 1984, you received nonjudicial punishment (NJP) for disobeying a lawful order, violation of a general order, larceny, and unlawful entry with intent to commit a criminal offense.  On 21 September 1984, you were counseled regarding minor disciplinary infractions and a pattern of misconduct.  You were warned that further misconduct could result in administrative discharge action.  On 20 February 1985, you were evaluation by a psychiatric department, and on 3 April 1985, you were diagnosed with a Personality Disorder.  On 9 April 1985, you were notified of administrative discharge action for misconduct due to commission of a serious offense, and convenience of the government due to a personality disorder.  On 11 April 1985, your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) discharge.  On 26 April 1985, the separation authority directed you receive an OTH discharge due to commission of a serious offense.  On 7 May 1985, you were discharged from the Navy with an OTH characterization of service due to commission of a serious offense. 
 
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 were suffering from a mental health condition during your service.  The AO noted you did not present any evidence of a post-discharge mental health condition.  Therefore, 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 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 desire to upgrade your discharge, that you served all of your time except for three months, that your father was ill and you entered a period of UA to help your mother on the farm, and your post-service accomplishments.  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 NJP and SCM, outweighed these mitigating factors.  Further, the Board concurred with the AO’s statement 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.  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,