DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8598-19 Ref: Signature Date Dear Mr. : 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 12 February 1990. On 23 August 1990, you received nonjudicial punishment (NJP) for three specifications of unauthorized absence (UA). On 11 December 1991, you received NJP for a period of UA. On 9 December 1992, you received NJP for being drunk in public. On 14 January 1993, you received NJP for a period of UA from 14 December 1992 through 8 January 1993, and missing movement of the USS WASP. On 21 January 1994, you again received NJP for a period of UA from 8 to 11 January 1994. On 24 January 1994 you were notified of administrative separation processing. You waived your right to consult with counsel and your right to an administrative board. On 8 February 1994, Commanding Officer, USS recommended that you be administratively separated on the basis of a pattern of misconduct as evidenced by your NJPs for various violations. On 3 March 1994, you were discharged from the Navy on the basis of a pattern of misconduct, and received an other than honorable (OTH) characterization of service, and a reentry (RE) code of RE-4. In your petition to the Board, you request an upgrade to your OTH discharge. You state that you served all four years and contend that you were the target of injustice during your last year of service onboard the USS . You assert that there was a lieutenant onboard who had a bad feeling toward you from the time you arrived on the ship. You state you were on class liberty through the entire nine month Gulf tour, and were only allowed off the ship once with an escort. You contend that everyone at the time knew you were suffering heavy personal losses, but that you were never asked if you needed counseling or any kind of mental health help. You state that when you finally arrived back to , you were extremely depressed and not thinking rationally. You exited the ship with a fellow shipmate and went out for a night of heavy drinking. You have been personally been drinking every day since this incident. 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 26 September 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 and your statements about your ongoing relationship with alcohol. The Board also weighed the length of your service and your claims about being the target of injustice and bias from a lieutenant onboard the USS . 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, your other than honorable discharge was issued without error or injustice. The Board concluded that your current OTH discharge on the basis of a pattern of misconduct is supported by your numerous NJPs. 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, 11/25/2020 Executive Director