Docket No:  7672-19 
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 Board, sitting in executive session, considered your application on 4 January 2021.  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 Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (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).  Additionally, the Board also considered the advisory opinion (AO) furnished by a qualified mental health provider, which was previously provided to Petitioner.  Although Petitioner was afforded an opportunity to submit a rebuttal, Petitioner did not do so. 
  
You enlisted in the Navy and began a period of active duty on 30 June 1955.  On 29 December 1955, you were convicted by special court-martial (SPCM) of 13 days of unauthorized absence (UA).  You were sentenced to hard labor without confinement and restriction.  During the period from 19 June 1956 to 25 September 1957, you received four nonjudicial punishments (NJPs) for failing to go to your appointed place of duty, use of offensive language, UA, and breach of the peace.  On 21 April 1958, you were convicted by SPCM of 21 days of UA.  You were sentenced to hard labor without confinement, forfeiture of pay, and a reduction in paygrade.  On 4 December 1958, you received a fifth NJP for disrespect and disobeying a lawful order.  On 8 December 1958, you were discharged from the Navy at the expiration of your required active service with an under honorable conditions characterization of service. 
 
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 notes, that based on the available evidence, there is sufficient indirect evidence that you exhibited behaviors associated with victims of military sexual trauma (MST), as well as early symptoms of PTSD, incurred during your military service and that your misconduct may be mitigated by your experience of MST/PTSD. 
 
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 and your post-service accomplishments.  The Board also considered your contentions that because you refused to engage in sex, your chief did everything he could to discredit you; he never had anything positive to say about you, and was tricky, and deceiving.  You further contend you had to deal with racism, threats, sexual harassment, and a list of lies your chief told about you.  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 five NJPs, and two SPCM convictions, outweighed these mitigating factors.  Additionally, characterization of service is based in part on conduct marks assigned on a periodic basis.  Your conduct average was 2.7.  At the time of your service, a conduct average of 3.0 was required to be considered for an honorable characterization of service.  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,