DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1641-21 Ref: Signature Date Dear Petitioner: 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 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. 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. Although you did not file your application in a timely manner, the statute of limitations 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 30 August 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, applicable statutes, regulations, and policies, to include the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (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). Additionally, the Board also considered the advisory opinion (AO) furnished by qualified mental health provider, which was previously provided to you. Although you were afforded an opportunity to submit a rebuttal, you did not do so. You enlisted in the U.S. Navy and began a period of active duty on 10 January 1986. On 17 April 1986, you were in an unauthorized absence (UA) status for one day, and as a result, received non-judicial punishment (NJP). You were also issued a counseling warning acknowledging your deficiency and retaining you in the Navy. From 2 to 5 May 1986 you were UA for three days resulting in an additional NJP dated 20 May 1986. Thereafter, you received another counseling entry regarding your performance and cautioning you that your past performance might lead to honorable discharge disqualification. On 24 June 1986, you received several briefs including legal and military conduct. From 11 to 23 December 1986, you were again UA (12 days). On 07 January 1987, you received a third NJP for this offense and for disobeying a lawful order. On 08 January 1987, you were notified that you were being processed for administrative separation with a characterization of service of other than honorable by reason of pattern of misconduct. You were notified of your rights and waived your right to consult with counsel and to have your case heard at an administrative discharge board, and you did not desire to submit a statement on your behalf. On 16 March 1987, you were discharged with an OTH by a separation reason of commission of misconduct. 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 under tremendous stress being away from home, you missed ship’s movement because you were not adequately notified, that the Captain of the ship was pushing for Admiral status by finding fault in everything you did, and that you suffered from PTSD during your service which might have mitigated the misconduct that led to your discharge. The Board viewed your allegations with serious concern. However, this Board is not an investigating agency nor does it have the resources to investigate unsubstantiated allegations. The AO noted that based on the available objective evidence failed to establish that you were diagnosed with a mental health condition, 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 contentions noted above, and desire to upgrade your discharge. The Board further noted that you did not submit advocacy letters or post-service documents to be considered for clemency purposes. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your repeated misconduct, as evidenced by your three non-judicial punishments, outweighed these mitigating factors. Additionally, the Board concurred with the AO. 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, 9/21/2021 Executive Director