Docket No: 9175-18 Ref: Signature Date 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. A three-member panel of the Board, sitting in executive session, considered your application on 24 February 2020. 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the 25 October 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. On 15 September 1988, you reenlisted in the Navy after serving over seven years of honorable service. Your original service record was incomplete and did not contain any documentation pertaining to your discharge from the Navy. Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged on 26 January 1989, with an other than honorable characterization of service for misconduct due to drug abuse. The Board noted that you provided no evidence to support your contentions. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. You request an upgrade of your characterization of service on the basis that you suffered from addiction during your military service. 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.” A Navy mental health professional further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from a mental health condition during your service. The AO noted that you underwent your enlistment physical examination on 13 June 1980. You stated that your present health was “good,” you were on “no medications,” and had “no known allergies.” You reported minimal marijuana use three years prior to the exam but denied other drug abuse, or alcohol abuse. You denied any other medical history. You were medically determined to be “qualified for service.” You underwent a reenlistment examinations on 18 April 1985 and 22 August 1988, which were remarkable only for kidney stones in 1983. You were deemed qualified for reenlistment each time. You tested positive for marijuana on 16 October 1988. During your Drug Dependency Evaluation on 06 December 1988, you reported marijuana use in high school and episodically during your Navy career despite your knowledge of the Navy Drug Policy. The evaluation cited a prior positive urinalysis for THC in October 1985. During your medical evaluation, you did not meet the criteria for drug dependence. You were characterized as a “continuous but infrequent abuser of drugs only.” You were determined to have “no potential for future naval service in light of current substance abuse directives” and was recommended for “administrative handling” not substance abuse treatment. In summary, the evidence does not support your request. This is due to a preponderance of objective supportive evidence that during your military service, you repeatedly used marijuana despite knowing the Navy Regulations forbidding Marijuana use. You were appropriately evaluated by competent medical authority, and determined not to have marijuana dependence nor indications for substance abuse rehabilitation. You were appropriately recommended for administrative separation due to drug abuse. There is no information in you military service records to indicate any additional mental health disorder or condition. Additional information, such as post-service medical records listing your mental health diagnoses and the specific link between your diagnosis and your military misconduct is required to render an alternate opinion. Based on the available evidence, there is insufficient evidence of a mental health condition during your military service to attribute your misconduct to marijuana dependence or any other medical or psychological condition. The Board carefully weighed all potentially mitigating factors, such as your record of service, desire to upgrade your discharge, character letters, copy of your resume, job acceptance letter from Freedom Preparatory Academy, and a number of Certificates of completion of various post-service accomplishments. The Board also considered your assertions that you believe you were addicted to marijuana during your service and did not receive the help you needed from the Navy, that instead you were forced to accept the results of an administrative discharge, and that you were a decent Sailor in spite of your struggles with addiction. While the Board commends you on your sobriety, productivity, degrees, and your ministry, the Board concluded that these factors and assertions were not sufficient to warrant an upgrade to the characterization of your discharge given your misconduct due to drug abuse. Further, the Board concurred with the AO’s statement that there is insufficient evidence of a mental health condition during your military service to attribute your misconduct to marijuana dependence or any other medical or psychological condition. The Board discerned no probable material error or injustice in your discharge that warrants an upgrade to the characterization of your 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.