Docket No:  9723-19 
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 8 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, 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 21 December 2020, which was previously provided to you. 
  
You enlisted in the Navy and began a period of active duty on 26 October 1987.  On 27 October 1987, you were briefed on the Navy’s policy on drug and alcohol abuse.  On 21 April and 30 May 1989, you received nonjudicial punishment (NJP) for drunken driving.  On 7 May 1991, you were convicted by summary court-martial (SCM) of two specifications of assault and violation of a general article.  In April 1992, you were notified of administrative discharge action due to drug abuse and commission of a serious offense.  After being afforded your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board.  On 29 April 1992, your case was forwarded to the separation authority recommending that you receive an other than honorable (OTH) discharge.  On 7 May 1992, you were offered inpatient treatment at a Department of Veterans Affairs (DVA) hospital due to your drug and alcohol dependency, however, you declined treatment.  On 8 May 1992, the separation authority directed your discharge for misconduct due to commission of a serious offense.  On 12 May 1992, you were discharged from the Navy with an OTH characterization of service.   
 
A qualified mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from a mental health condition during your service.  The AO noted 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. 
  
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 served your country, you were young, and were diagnosed with bipolar disorder, anxiety, and manic depression from mental health Clinic.  The Board also considered your assertion that you had mental problems and did not know until you were out of the Navy.  Based upon this review, the Board concluded these potentially mitigating factors and assertions were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your two NJPs, and SCM conviction outweighed these 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 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,