DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9550-19 Ref: Signature Date 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 the entire record, 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 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 29 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 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, including the Kurta 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 requested and reviewed a 16 December 2020 Advisory Opinion (AO) from a mental health professional. You enlisted in the Navy on 21 July 1987. On 22 February 1988, you commenced a period of unauthorized absence, which ended when you surrendered on or about 21 March 1988. You embarked on another period of unauthorized absence, from 4 April until 6 April 1988. On 11 April 1988, you underwent a psychological evaluation, which found that you were not fit for continued service, but that you were not mentally ill, and that you would not benefit from treatment. Next, your command began the process of charging you with several violations of the Uniform Code of Military Justice, including two instances of unauthorized absence as well as one instance of disrespect and two instances of disobeying orders. You consulted with a lawyer and, on 3 May 1988, you submitted a request that you be discharged in lieu of a trial by court­martial. Your request was approved, and on 3 June 1988, you were discharged with an other than honorable characterization of service. 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 sarcoidosis and a mental illness, which led you to take drugs. In connection with this contention, the Board reviewed the 16 December 2020 AO. According to the AO, your in-service personnel and medical records did not reveal any evidence that you exhibited any mental health symptoms or conditions during your military service, other than substance abuse. You submitted no evidence of post-discharge mental health conditions. The AO further explained that you denied any history of mental health symptoms or conditions on your recruiting documentation, during your enlistment physical examination, military service, or throughout your disciplinary actions and administrative processing. Accordingly, the AO concluded that, there is insufficient evidence of a mental health condition at the time of your enlistment attributable to your military service that may have mitigated your misconduct. Based upon its review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that the misconduct reflected in your service record outweighed any mitigating factors. 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, 1/28/2021 Executive Director