DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0530-21 Ref: Signature Date Dear Petitioner: 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 25 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, 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). The Board also considered an advisory opinion (AO) from a qualified mental health professional dated 23 June 2021, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 29 March 2001. On 12 April 2001, you were psychologically evaluated, and subsequently diagnosed with adjustment disorder with mixed anxiety and depressed mood, alcohol dependence and recommended for administrative separation from the Navy. On 16 April 2001, you were notified that you were being recommended for administrative discharge from the Navy because of defective enlistment and induction due to erroneous enlistment as evidenced by your medical evaluation of alcohol dependence and convenience of the government due to physical or mental condition as evidenced by an adjustment disorder with mixed anxiety and depressed mood. You were advised of, and waived, your procedural rights, including your right to consult with military counsel. The separation authority directed your administrative discharge from the Navy by reason of erroneous entry with an uncharacterized (entry level separation) characterization of service. On 20 April 2001, you were so discharged. As part of the Board’s review, a qualified mental health professional reviewed your request and provided the Board with an AO on 23 June 2021. The AO noted that in-service records did contain evidence of a diagnosis of a mental health condition, which was an adjustment disorder. You were also determined to have had substance abuse/dependence issues prior to enlistment. There is no evidence suggestive of a misdiagnosis, post-service diagnosis, or post-service treatment. The AO concluded by opining that there is insufficient evidence your in-service diagnoses or characterization of service were in error. The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that your record should be corrected for mental health and medical benefits. Unfortunately, even under the liberal consideration standard, the Board discerned no procedural defect, impropriety, or inequity in your discharge and determined your service was appropriately characterized. The Board concluded there was insufficient evidence of an error or injustice that warrants upgrading your characterization of service or changing your narrative reason for separation. 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 contention as previously discussed and your desire to upgrade your discharge and change your narrative reason for separation. However, based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, applicable regulations authorize an uncharacterized entry-level separation if the processing of an individual's separation begins within 180 days of the individual's entry on active service (as is the case at present). Accordingly, given the totality of the circumstances, the Board determined 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, 9/13/2021 Executive Director