DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8376-19 Ref: Signature Date Dear Ms.: 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. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 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. 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 8 August 1994. On 17 March 1995, you were counseled for violating an instruction by allowing a guest to remain in the BEQ unescorted. On 1 August 1996, you were relieved of your duties in the Unit 1 Post Office because you left more than $2,000 in money and stamps in the open, left your postal safe unlocked, and were at a base club after postal hours with a postal key. You were counseled again on 17 August 1996, for being late to work, disrespect, dereliction of duty, and false official statement. A statement dated 23 August 1996, from your Chief stated that you were constantly late for work, disrespectful to superiors, rolled your eyes at direct orders, and were often argumentative. On 25 October 1996, you were notified of administrative separation proceedings against you by reason of commission of serious offense for two specification of violation of Uniform Code of Military Justice, Article 91 (insubordination), Article 107 (making a false official statement), Article 134 (dishonorable failure to pay a just debt to MWR Hobby Shop), and Article 92 (allowing a guest to remain in BEQ unescorted in violation of COMFLACT Sasebo Instruction). You were advised that a general discharge would be the least favorable characterization of service. On 13 December 1996, you were discharged from the Navy on the basis of Misconduct, and received a general characterization of service and a reentry (RE) code of RE-4. In your petition to the Board, you request a medical honorable discharge due to a mental health decline while in the military, which you state led to your administrative discharge. You state that since your discharge you have been diagnosed with bipolar disorder; you assert that your medical records from your time in the Navy suggest signs of mental health decline, personality changes, and behavior changes. Following your separation from the Navy, you have completed your Bachelors degree in social work, have not been convicted of any crime, and have been a productive member of society. You volunteer and donate both your time and money to veterans and active duty organizations. 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 20 December 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 assertions regarding a mental health condition that impacted your in-service behavior. The Board noted that you were asked to provide additional information regarding your mental health condition, but elected not to do so. Absent such information, the Board found that there was insufficient evidence either in your available record or in your submissions to the Board to establish that you suffered from a mental health condition at the time of your military service that mitigated your misconduct. The Board found that based on the nature and frequency of your misconduct as documented in your service record, the general discharge was issued without error or injustice. With respect to your request for a medical discharge, the Board noted that SECNAVINST 1850.4 series states processing for administrative discharge for misconduct takes precedence over processing for disability. Even in consideration of your assertion of suffering a mental health condition while in the Navy, the Board noted that your misconduct as evidenced by your counseling records and as articulated in your administrative separation package, was an appropriate basis for your administrative discharge. The Board concluded that your current general discharge on the basis of misconduct was issued without 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, 11/21/2020 Executive Director