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

Docket No: 4731-181 
AUG 19 2019 

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 ofthe entire record, the Board for Correction ofNaval Records (Board) found the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. Consequently, your application has been denied. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding ofthe issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

A three-member panel of the Board, sitting in executive session, considered your application on 22 July 2019. The names and votes of the members ofthe 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 ofyour naval record, and applicable statutes, regulations, and policies. In addition, the Board considered the enclosed 23 November 2018 advisory opinion (AO) furnished by a qualified Navy mental health professional, which was previously provided to you. 

You enlisted in the Marine Corps and began a period ofactive duty on 23 August 1977. On 27 April 1978, you were counseled concerning the consequences of abusing alcohol, and ordered: to attend four weeks of AA meetings. On 13 October 1978, you received nonjudicial punishment (NJP) for contempt, two instances ofdisobedience, communicating a threat, and two instances ofassault. On 10 May 1979, you received NJP for disorderly conduct, damage to military property (3 pool cues), and unauthorized absence (UA). On 14 August 1979, medical personnel diagnosed you with chronic alcoholism, a personality disorder, and a seizure disorder. On 27 August 1979, you submitted a request for an other than honorable (0TH) discharge for the good ofthe service in lieu oftrial by court-martial for an 82-day UA and breaking restriction. On 14 September 1979, the separation authority approved your request for discharge with an 0TH characterization of service in lieu of trial by court-martial, and directed that you be discharged with an 0TH characterization of service. You were discharged on 19 September 1979. 

You request an upgrade ofyour characterization of service on the basis that you suffered from a mental health condition during your military service. Your request was fully and carefully considered by the Board in light of the Secretary ofDefense's memorandum, "Supplemental Guidance to Military Boards for Correction ofMilitary/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder," of3 September 2014 and the "Clarifying Guidance to Military Discharge Review Board and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification oftheir Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment" memorandum of 25 August 2017. 

A qualified Navy mental health professional reviewed your request and provided the Board with an AO regarding your assertion that you suffered from a mental health condition during your service. The AO noted that you provided no post-service treatment records or copies of evaluations describing your mental health concerns. While in service, you were diagnosed with what today would be called alcohol-use disorder and a personality disorder diagnosis that is no 
longer used. Service medical records indicate that your alcohol-use disorder and your character disorder predate your military service. In-service, your reported problematic alcohol use from the age of 11. The AO concluded that your mental health condition cannot be attributed to your military service. Instead, much ofyour misconduct resulting in NJP could be attributed to your excessive alcohol consumption, which can lead to aggressive behavior, threats, and disorderly conduct. Additional information from post-service mental health treatment records describing your mental health concerns, and their link to your in-service misbehavior is required to render an opinion. At this time, there is insufficient evidence to attribute all ofyour misconduct to alcohol-use disorder. 

The Board carefully weighed all potentially mitigating factors, such as your record of service and desire to upgrade your discharge. The Board also considered your assertions that you suffered from extreme frustration and mental health issues when you were discharged, that your recruiter told you your scores were high enough to be in the intelligence field, but you were made a cook instead. You also assert that you were diagnosed in service with a mental health disorder, which was not treated, and you were administratively separated instead. The Board, however, concluded that ese factors and assertions were not sufficient to warrant changing your characterization of service given your repeated serious misconduct, which resulted in two NJPs and your request for discharge in lieu oftrial by court-martial. Further, the Board concurred with the AO that there is insufficient evidence to attribute all ofyour misconduct to alcohol-use disorder. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission ofnew 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 ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 


Sincerely, 

Executive Director