DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9136-18 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 5 September 2019. 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 and policies, as well as a 16 July 2019 advisory opinion (AO). You enlisted in the Naval Reserve on 22 December 1995. On 21 August 1998, you were removed from your reserve drill assignment due to unsatisfactory participation and transferred to the Individual Ready Reserve. On 9 December 1999, you tested positive for cocaine use. Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse, but you did not respond to the notification that was mailed to you by certified mail. After you waived your procedural rights by failing to respond, your commanding officer recommended an other than honorable (OTH) characterization of service. The discharge authority approved this recommendation and directed your OTH separation by reason of misconduct due to drug abuse. On 5 August 2000, you were discharged with an OTH. Your request for a change to your discharge characterization was reviewed in consideration of your contention you served honorably for 28 months and your punishment was severe since you were suffering from post-traumatic stress disorder (PTSD). 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, a qualified Navy mental health professional reviewed your request and provided the Board with an AO on 16 July 2019. The AO noted you had been diagnosed with major depressive disorder, cocaine abuse, and alcohol abuse during hospitalizations between 2012 and 2019. The AO found no evidence you were experiencing depression during your reserve service, more than 12 years before your first hospitalization for psychiatric concerns. Additionally, the AO concluded there was no evidence you had been diagnosed with PTSD. The AO determined there was insufficient evidence to attribute your misconduct to a mental health condition other than a substance use disorder. The AO was mailed to you on 17 July 2019 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 reviewed your application, weighed all potentially mitigating factors, and considered your contention that your punishment was far too severe because you were suffering from PTSD. The Board also considered your previous statement that you self-medicated after finding out your unit was scheduled to deploy overseas. Additionally, the Board considered your battle with substance abuse and your desire to upgrade your characterization of service so you can receive the proper treatment. The Board, however, substantially concurred with the AO and determined that there was insufficient evidence to attribute your misconduct to a mental health condition that existed in service. Even under the liberal consideration standard, the Board found no probable material error or injustice warranting an upgrade to your characterization of service. It is regretted that the circumstances of your case are such that favorable action cannot be taken. 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.