DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

 Docket No: 9679-19 

Dear  

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 15 March 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). In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 31 January 2021, which was previously provided to you. 

You enlisted in the Navy and began a period of active duty on 8 December 1992. On 22 September 1993, you received nonjudicial punishment (NJP) for 36 days of unauthorized absence (UA). On 20 January 1994, you began a period of UA that lasted 682 days, ending on 4 December 1995. Your original service record was incomplete and did not contain any documentation pertaining to your separation from the Navy. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. As such, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), on 24 January 1996, it appears that you were, discharged with an other than honorable characterization of service, in lieu of trial by court-martial. Presumably, prior to submitting this request for discharge, you would have conferred with a qualified military lawyer, advised of your rights, and warned of the probable adverse consequences of accepting such a discharge. 

A qualified mental health professional reviewed your request for correction of your record and provided the Board with an AO regarding your assertion that you were suffering from PTSD during your service. The AO noted that while you carry a post-discharge diagnoses of PTSD and Generalized Anxiety Disorder (GAD), the preponderance of available objective evidence fails to establish you suffered from a mental health condition at the time of your military service, or your in-service misconduct could be attributed to a mental health condition. 

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. These included, but were not limited to your statement that you were recently diagnosed with PTSD, which was a contributing factor in your pattern of misconduct due to an automobile accident on 9 June 1993. However, based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct, as evidenced by your NJP, and lengthy period of UA, outweighed these mitigating factors. Additionally, the Board concurred with the AO that while you carry a post-discharge diagnoses of PTSD and GAD, the preponderance of available objective evidence fails to establish you suffered from a mental health condition at the time of your military service, or your in-service misconduct could be attributed to a mental health condition. 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 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, 
3/19/2021 

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