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

Docket No. 2599-21  
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 the 25 August 2017 guidance from 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 27 May 2021. The names and votes of the members of the panel 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 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations (Wilkie Memo). 

A review of your record shows that you entered active duty with the Navy in December 1985. Medical records document that you were placed on limited duty in November 1986 after suffering from left leg injuries. Subsequently, non-judicial punishment was imposed on you three times between March 1987 and June 1987 for unauthorized absences, an order violation, and service discrediting conduct. In August 1987, you were hospitalized for headache symptoms related to a syncope incident. Upon your release from treatment, you suffered an elbow injury from a motor vehicle accident. Eventually, you were medically cleared for separation on 3 November 1987 and discharged for pattern of misconduct with an Other than Honorable characterization of service. Post-discharge records indicate you were involved in substance abuse and arrested for multiple incidents of misconduct. You have also been diagnosed with a mild deformity to your left posterior cerebral artery, bilateral Carpal Tunnel Syndrome, an injury to your left radial nerve, and Post-Traumatic Stress Disorder. 

The Board carefully considered your arguments that you deserve a discharge upgrade based on your need for Department of Veterans Affairs (VA) benefits. You also assert that you were denied due process as part of your discharge from the Navy since you were severely injured at the time of discharge. You also argued that you suffered from Traumatic Brain Injury that contributed to your misconduct and how your mental health affected your actions at the time. Unfortunately, the Board disagreed with your rationale for relief.
 
In reviewing your case, the Board determined the preponderance of the evidence does not support an upgrade to your characterization of service. Despite applying liberal consideration to the facts of your case and considering whether clemency was suitable, the Board ultimately concluded that your pattern of misconduct was sufficiently serious to support your assigned characterization of service and remains appropriate despite your post-discharge medical conditions. First, the Board found no evidence in your medical record to indicate you suffered from any mental health conditions during your period of active duty. While there was evidence you sought mental health treatment while in your initial training pipeline, you were never diagnosed or treated for a mental health condition during the following years of active duty. Second, the Board found no evidence you were not mentally responsible for your misconduct. Finally, despite your assertions to the contrary, the Board relied on your separation physical of 3 November 1987 to conclude that you were medically fit for release from active duty. Based on these factors, the Board found no error or injustice with your administrative separation or assigned characterization of service. In determining there was no injustice, the Board determined that your desire for VA benefits eligibility was not sufficient to mitigate your misconduct. Further, the Board was not persuaded to grant clemency based on your post-discharge medical diagnoses since the circumstances of your case are similar to many veterans. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

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, 
5/29/2021 

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