Docket No: 9835-19 
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 17 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).  Additionally, the Board considered a 1 January 2021 advisory opinion (AO) furnished by a qualified mental health provider, which was previously provided to you. 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy on 22 January 1988.  On 16 March 1989, you received nonjudicial punishment (NJP) for a period of unauthorized absence (UA), missing ship’s movement, and disobeying an order by having an alcoholic beverage on a ship.  On 31 March 1989, you received NJP for breaking restriction.  On 2 May 1989, you received NJP for disobeying an order.  Finally, on 29 Jun 1989, you received NJP for another period of UA.  On 10 July 1989, you were notified that you were being administratively separated from the Navy due to a pattern of misconduct.  You waived your right to an administrative board.  On 27 July 1989, your commanding officer forwarded your package to the convening authority recommending your discharge with an other than honorable characterization of service, and on 9 August 1989, 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 as set forth in your DD Form 149, as well as your contentions that post-service, you were encouraged to go to nursing school and to get your life on track by giving up drinking and using drugs.  You received your registered nursing license in 2011 and you and your son have been serving as volunteers for your church parish for many years.  You have become a community pillar and role model and you are currently work caring for disabled veterans who were affected by uranium in    With respect to these contentions, the Board commended you on your significant post-service accomplishments, however, the Board concluded that the matters in clemency that you set forth were insufficient to warrant relief. 
 
In addition, you asserted that while you were in service, you received sexual harassment from a Sailor who intimidated you by waving and winking at you and touching you on the back of the head while you were using the bathroom.  You also contended that you suffered emotionally and you reported that you lost a friend who drowned trying to save another Sailor, resulting in nightmares of going overboard.  You also described experiencing varying degrees of auditory hallucinations.  As a result of these contentions, the Board requested an AO.  The AO concluded that the available evidence failed to establish that you were diagnosed with PTSD, suffered from PTSD at the time of your military service, or that your in-service misconduct could be attributed to PTSD or other mental health conditions.”  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, 
2/23/2021
Executive Director