DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5055-18 Ref: Signature date Dear 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. 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 application on its merits. A three- member panel of the Board, sitting in executive session, considered your application on 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, policies, and a advisory opinion (AO). You enlisted in the Navy and began a period of active duty on You served without disciplinary incident until when you were convicted by general court- martial (GCM) for violations of the Uniform Code of Military Justice Articles 81, conspiracy, and 112a, wrongful use or possession of a controlled substances. You were awarded confinement, reduction in rank, forfeiture of pay, and a dishonorable discharge (DD). The DD was subsequently approved at all levels of review, and, on you were dishonorably discharged. Your request for an upgrade to your characterization of service was reviewed in consideration of your contention that you were in a depressive state during the time of your misconduct. Your request was fully and carefully considered by the Board in light of the Secretary of Defense's 3 September 2014 memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder,” the 25 August 2017 memorandum “Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment,” and the 25 July 2018 memorandum, “Guidance to Military Discharge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” As part of the Board’s review process, a qualified mental health professional reviewed your request and provided the Board with an AO on The AO, noting you did not submit any medical records regarding a mental health condition, determined there was insufficient information to determine whether your in-service behavior should be attributed to a mental health condition. The AO further stated that “while death of a close loved one can lead to a mental condition such as depression, it does not typically result in conspiracy and drug use.” Based on the available evidence, the AO concluded there was insufficient evidence to attribute your misconduct to a mental health condition. The AO was sent to you on and you were given 30 days in which to submit a response. When you did not provide a response, your case was submitted to the Board for consideration. The Board carefully weighed all potentially mitigating factors, your contention you were suffering from a mental health condition at the time of your misconduct, and your post-service record. The Board considered each of the advocacy letters submitted by individuals sharing the positive impact you have made on them and in the lives of others, specifically young men whom you coach. The Board further considered your remorse for your in-service misconduct and your desire to use your past mistakes towards a positive outcome. The Board, however, concluded these factors were not sufficient to warrant relief in your case given the severity of your misconduct. The Board also noted that, although it cannot set aside a conviction, it may grant clemency in the form of changing a characterization of service, even one awarded by a court- martial. Unfortunately, even applying the liberal consideration standard, the Board found your drug-related misconduct did not warrant upgrading your dishonorable discharge. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the 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.