Docket No: 9294-19 
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 you did not file your application in a timely manner, the statute of limitation was waived in accordance with the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo).  A three-member panel of the Board, sitting in executive session, considered your application on 1 February 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 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, 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).  The Board also reviewed a 14 December 2020 Advisory Opinion (AO) from a mental health professional. 
 
You enlisted in the Navy on 25 April 2001.  On 7 November 2001, you received nonjudicial punishment for unauthorized absence as well as for fraternizing with a staff member at a service school you were attending.  On 8 November 2001, you were notified of the initiation of administrative separation processing, and your rights in connection with same.  You waived your right to an administrative discharge board.  On 13 November 2001, your commanding officer forwarded your package to the separation authority recommending your discharge with an other than honorable characterization of service.  On 23 November 2001, you were so discharged.   
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case including in accordance with the Wilkie Memo.  These included, but were not limited to your desire to upgrade your discharge, and contention that you suffered from a mental health condition caused by the events on September 11, 2001.  In connection with your contention, the Board reviewed the 14 December 2020 AO, which concluded that, “there is insufficient evidence that you incurred PTSD or another mental health condition as a result of your military service that may have mitigated your misconduct.  Based upon its review, the Board concluded the potentially mitigating factors you raised were insufficient to warrant relief.  The Board relied in large part upon the AO in reaching its decision.  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 the 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,