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


Docket No. 3188-21 
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 your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 24 June 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 and applicable statutes, regulations and policies.   

A review of your record shows that you entered active duty with the Navy in October 1982.  Between 24 March 1983 and 25 February 1985, non-judicial punishment was imposed on you six times for multiple offenses including unauthorized absence, orders violation, and misbehavior of a sentinel. As a result of your history of misconduct, you were recommended for administrative separation for pattern of misconduct on 15 March 1985.  Prior to your discharge, you were medically cleared for separation on 7 March 1985.  On 12 April 1985, you were discharged for pattern of misconduct with an Other than Honorable characterization of service. 

The Board carefully considered your arguments that you deserve an upgrade to your characterization of service. You assert that you entered the Navy with a history of depression from the late 1970’s and suffered from low self-esteem.  You also claim that you were unable to obtain medical records to support your mental health history.  Unfortunately, the Board disagreed with your rationale for relief. 

In determining that the preponderance of the evidence does not support upgrading your characterization of service, the Board considered the lack of evidence supporting your assertion that you suffered from a mental health condition prior to entering the Navy.  Specifically, the Board noted that you did not report any psychiatric issues on your report of medical history at the time of your enlistment physical.  This led the Board to conclude there was insufficient evidence to support your claim that you entered active duty with a preexisting mental health condition that somehow contributed to your misconduct.  Regardless, even if you were suffering from depression prior to entry into the Navy, the Board felt it would be inappropriate for you to benefit in any way from your failure to disclose your mental health condition.  Therefore, when balancing your extensive history of misconduct against your relatively brief period of active duty service that could be considered honorable, the Board concluded your conduct was a significant departure from that expected of a member of the armed forces. Based on this finding, the Board determined your characterization of service remains appropriate.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   

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 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, 

6/25/2021
Deputy Director