Docket No: 2895-21 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 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. 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 the 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 8 June 2021, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 24 April 1995. On 25 April 1995, you were issued an Administrative Remarks (Page 13) due to fraudulent induction into the Navy as evidenced by your failure to disclose a civilian ticket for wearing no seatbelt. On 12 September 1995, you received nonjudicial punishment (NJP) for failing to obey an order. Additionally, you were counseled and warned that further misconduct could result in administrative discharge action. On 15 November and 18 December 1995, you received NJP for three specifications of failing to obey a written order by drinking underage, leaving your quarters while being in a sick in quarters status, seven pecifications of failing to obey a lawful order, two specifications of leaving to smoke without authority, possessing alcoholic beverages in the barracks, two specifications of drinking alcoholic beverages while in a restricted status, and two specifications of being incapacitated for the proper performance of duty. On 23 January 1996, you were notified of administrative discharge action by reason of misconduct due to commission of a serious offense, and a pattern of misconduct. After being advised of your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board. On 26 January 1996, your case was forwarded to the separation authority strongly recommending that your be separated from the Navy with an other than honorable (OTH) discharge. On 28 February 1996, the separation authority directed that you receive an OTH discharge due to a pattern of misconduct. On 14 March 1996, you were discharged from the Navy with an OTH characterization of service due to 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 was suffering from mental health condition during your service. The AO noted that although it cannot be predicted with absolute certainty, your history of alcohol misuse, dating back to 13 years of age culminating with increased alcohol abuse during and after your military service, represented a maladaptive coping skill to alleviate your psychological distress and is indirect evidence you suffered from a mental health condition incurred during 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 assertions that your overall quality of service met the standard of acceptable conduct and performance, your total capability to serve was hindered by severe mental health conditions, including alcohol dependency and PTSD-like symptoms, and absent the counsel you desperately needed, it was impossible for your to adjust to military service. Additionally, under current separation procedures, your misconduct did not give rise to the present standards for your OTH discharge. You believe the mental health condition you developed while in the Navy should excuse, mitigate, and outweigh your discharge. You also contend that you were exposed to a traumatic event that change your life when your buddies brutally beat another servicemember whom they thought to be a homosexual. You stated that you never reported the incident, because you did not want to get your buddies into trouble, and knowing the stigma associated with homosexuality in the military, you feared reporting the incident would get you in trouble or make others think you were a homosexual as well, and you stopped hanging out with your buddies and began isolating yourself. 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 three NJPs, and the fact that you were warned of the consequences of further misconduct after your first NJP outweighed these mitigating factors. Additionally, the Board noted that the information provide was not decisive and more information surrounding the incident is needed, plus it was noted that your alcohol use began at age 13 and escalated progressively. 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, 9/9/2021 Executive Director