DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8847-19 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. 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 for Correction of Naval Records, sitting in executive session, considered your application on 14 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 19 May 1998. Your in-service medical record indicates that in 1999, you were evaluated for feeling run down and that your heart and lungs were evaluated. On 14 January 2000, you were seen by NAVMEDCEN , and recommended for a five-day program at the Outpatient Crisis Intervention Program. You were evaluated on 20 May 2000, and denied depressed mood. On 22 May 2000, your Chronological Record of Medical Care indicates you were diagnosed Axis I: Occupational Problem, Axis II: Dependent Personality Disorder, Passive Aggressive Features; and Axis III: None. On 26 May 2000, you received nonjudicial punishment (NJP) for unauthorized absence (UA) and missing movement. On 16 June 2000, you received a second NJP for UA, dereliction of duty, and misbehaving of a sentinel. On 20 June 2000, the Chronological Record of Medical Care as documented by NMCP Psychiatry Portsmouth notes that your reluctance to accept your likely separation from the Navy is related to your personality disorder not an acute mental illness. On 27 September 2000, you received NJP for failure to go to your appointed place of duty, insubordinate conduct, and failure to obey a lawful order or regulation. You were notified of administrative separation proceedings against you on 27 September 2000 on the basis of misconduct (pattern of misconduct and commission of a serious offense). On 27 September 2000, your Commanding Officer recommended that you be discharged, and stated that you were an administrative burden to the command and your disregard for regulations had a negative impact on good order and discipline. Your Commanding Officer stated that significant effort had been expended at all levels of the chain of command to no avail. You were discharged from the Navy on 29 September 2000, on the basis of misconduct, and were discharged with an other than honorable characterization of service and a reentry (RE) code of RE-4. In your application for consideration, you ask that your other than honorable discharge characterization be upgraded. You state that you believe the discharge is not warranted based on the nature of your conduct, which led to your administrative separation. You also assert that you were accused of disobeying orders when you were sent to medical during lunch hour for a heart condition that had progressively gotten worse. You state that during a Med Cruise in 1999, you developed depression in addition to chest pain. You note that your discharge left you embarrassed and depressed, and after your discharge, you took medication for bipolar disorder. You ask for an upgrade in part to obtain benefits to be able to help your family. 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 November 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 contention that your other than honorable discharge was not warranted for your conduct. The Board also weighed your contention that you were wrongfully accused of disobeying an order, and that you developed depression in addition to chest pain. The Board noted that you did not provide additional information regarding medical or treatment records, and found that there was insufficient evidence to establish that you suffered from a mental health condition during your Naval service that mitigated your misconduct. The Board reviewed the misconduct in your record and found that your three NJPs coupled with the Commanding Officer’s comments support the issuance of an other than honorable discharge. The Board concluded that your discharge characterization does not reflect an error or injustice, and corrective action is not warranted. 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, 11/19/2020 Executive Director