DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7489-19 Ref: Signature Date Dear Ms. 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. 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, sitting in executive session, considered your application on 14 December 2000. 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 the 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). 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. You enlisted in the Navy and began a period of active duty on 3 April 2003. On 19 July 2004, you were evaluated by Fleet Mental Health Unit and found to manifest a long-standing disorder of character and behavior which is of such severity as to render you unsuitable for continued military service. On 22 July 2004, you were notified of administrative separation proceedings and advised that the least favorable characterization of service was general (under honorable conditions). On 13 September 2004, Commanding Officer, Helicopter Anti-Submarine Squadron TWO recommended that you be separated by reason of convenience of the government due to Personality Disorder. You were discharged from the Navy on 4 September 2004, on the basis of a Condition, Not a Disability, and received a general discharge and a reentry (RE) code of RE-4. In your application to the Board, you request that your general discharge be upgraded to honorable. You stated that while in the Navy, you experienced numerous incidents of sexual assault and sexual harassment from multiple assailants. You asserted that these experiences caused you to be extremely anxious and have insomnia and irritability, and that you tried to report the incidents but were pushed out and diagnosed with personality disorder. You also noted that you now perceive all men as a threat, which impacts your ability to interact with your peers, medical providers, and employers. You have provided medical treatment records following your discharge in which you were diagnosed with agoraphobia and anxiety, panic disorder, and Post Traumatic Stress Disorder (PTSD) due to military sexual trauma. You also ask the Board to change your name in your service record from “ ” to “ .” As part of the review process, a Licensed Clinical Psychologist reviewed your request and issued an Advisory Opinion. The Advisory Opinion noted that you were not counseled for any military deficiencies, nor charged with any misconduct during your military service. There were no clinical signs and subjective complaints indicating evidence of a mental health diagnosis or psychological/behavioral changes, which may have indicated you experienced a military sexual trauma. Based on the available evidence, the Advisory Opinion concluded that there is insufficient evidence to support that you exhibited behaviors associated with victims of MST during your military service, which would mitigate your personality disorder diagnosis or your discharge characterization. The Advisory Opinion was provided to you, and you were given 30 days in which to submit a response. When you did not provide a response within the 30-day timeframe, your case was submitted to the Board for consideration. With regard to your request for a name change, the Board noted that you did not provide evidence establishing the basis for your request. The Board found that you did not provide sufficient evidence to show that your discharge documents with the name of “Leigh Michelle Bobb” are either erroneous or unjust. Absent information about the basis of your request for a name change and legal documents supporting the request, the Board determined that you are not entitled to correction to your record. 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, then Hagel Memo, and the Kurta Memo. These included, but were not limited to your desire to upgrade your discharge and your that you targeting with ongoing sexual assault and sexual harassment throughout your time in the Navy. The Board concurred in part with the Advisory Opinion but noted that you received mental health treatment while in the Navy. The Board considered your statements regarding sexual harassment and sexual assault, but noted that you received a general discharge, which is not an adverse characterization of service. Given the length of your time in the Navy (3 April 2003 through 4 September 2004) and your 19 July 2004 medical evaluation, the Board concluded that even applying liberal consideration, the general discharge is appropriate, and does not appear to have been issued in error or unjustly. 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, 1/15/2021 Executive Director