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

Docket No:  9206-18
Ref: Signature Date 

Dear 

This is in reference to your application of 22 October 2018 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 that 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 6 April 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, and applicable statutes, regulations, and policies.  In addition, the Board considered the advisory opinion (AO) furnished by a Navy mental health professional dated 20 August 2019, which was previously provided to you. 

You enlisted in the Navy and began a period of active duty on 1 June 1994.  On 3 May 1995, you received non-judicial punishment (NJP) for wrongful use of cocaine.  On 27 April 1995, you were notified an administrative action to separate you from the naval service for drug abuse.  After being afforded your procedural rights, you waived your right to have your case heard by an administrative discharge board.  On 28 April 1995, your case was forwarded to the separation authority for review.  On 23 May 1995, the separation authority directed that you be separated from the Navy with an other than honorable (OTH) characterization of service for drug abuse.  On 2 June 1995, you were so discharged.
 
You request an upgrade of your 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 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 qualified Navy mental health professional further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion you were suffering from PTSD during your service.  The AO noted that in your current request for review, you submitted a statement that you were suffering from mental health concerns while going through a divorce, which resulted in a suicide attempt and subsequent discharge.  No other records were available for review.  The AO opined that there is insufficient evidence to attribute your misconduct to a mental health condition incurred during military service. 

The Board carefully weighed all potentially mitigating factors in your case, including your record of service, desire to upgrade your discharge, and character letter from your apartment complex office. The Board also considered your assertions that prior to your discharge, you were going through a divorce, had attempted suicide, and reached out to your chain of command to get help, but was told to deal with it.  Additionally, you contend that you were hospitalized due to your attempted suicide, you were drug tested, and were told it was in your best interest to sign your Statement of Awareness or Waiver of Privileges or you could go to prison.
  
The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your NJP for wrongful drug use.  Further, the Board concurred with the AO’s statement that there is insufficient evidence to attribute your misconduct to a mental health condition incurred during military 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. 

Sincerely,