Docket No: 8929-19            
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.     
 
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 11 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 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). 
 
You enlisted in the Navy and began a period of active duty on 3 January 1990.  On 17 April 1990, you received nonjudicial punishment (NJP) for violating Article 128 (assault).  On 21 June 1991, you received a second NJP for assault.  On 3 August 1991, you received NJP for willful disobedience of warrant, noncommissioned or petty officer.  On 17 August 1991, you received a fourth NJP for willful disobedience of a petty officer and assault.  On 20 August 1991, you received notice that were being processed for administrative separation, and you waived your rights to consult with counsel and to appear before an administrative separation board.  Your Commanding Officer recommended that you be separated.  Thereafter, on 26 September 1991, you were discharged from the Navy on the basis of Misconduct- Pattern of Misconduct, and received an other than honorable discharge and a reentry (RE) code of RE-4.   
 
In your application to the Board, you request an upgrade to your discharge characterization.  You state that you were found to be disabled due to mental health conditions, specifically bipolar disorder, anxiety and Post Traumatic Stress Disorder (PTSD).  You state that you suffered these conditions during your time in the Navy.  You state that you were previously unaware that you might qualify for an upgrade.  You provide two letters from psychiatrists stating that you are 100% disabled for mental health reasons.  The letters include comments from  Behavioral Healthcare, which state that you present with symptoms consistent with Bipolar Disorder and meet the criteria for Bipolar Disorder.    
 
As part of the review process, a Physician Advisor reviewed your request and issued an Advisory Opinion dated 4 December 2020.  The Advisory Opinion noted that your available records indicate that after an altercation, you were diagnosed with periorbital trauma and probable personality disorder, with a referral to the Senior Medical Officer for follow-up.  The Senior Medical Officer evaluated you, and determined that your mental status examination was normal.   The Advisory Opinion considered the mental health records you submitted but noted that your diagnoses of Bipolar Disorder appears to have been made in 2007.   The Advisory Opinion concluded that there is insufficient evidence of a mental health condition at the time of your enlistment that may have mitigated your misconduct.  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.   
 
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, the Hagel Memo, and the Kurta Memo.  These included, but were not limited to your contention that you suffered from a mental health condition at the time of your military service that may have mitigated your misconduct and your submission of post-discharge medical records that establish that you meet the criteria for Bipolar Disorder.  The Board reviewed the Advisory Opinion and concurred substantially with its determination.  The Board found that there is insufficient evidence to support a finding that you suffered from a mental health condition at the time of your military service that may have mitigated your misconduct.  The Board concluded that your discharge characterization of other than honorable is supported by the misconduct in your record, specifically the four NJPs.  The Board determined that your discharge characterization was issued without error or injustice and does not merit corrective action.    
 
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,