Docket No: 10181-19 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 you did not file your application in a timely manner, the statute of limitation was waived in accordance with the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo). A three-member panel of the Board, sitting in executive session, considered your application on 22 February 2021. The names and votes of the panel members 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, to include the Kurta Memo, the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 7 January 2021, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 12 February 1990. On 15 February 1990, you were briefed on the Navy’s policy regarding drug and alcohol abuse. On 8 June 1990, you received nonjudicial punishment (NJP) for wrongful use of marijuana. On 11 June 1990, a Drug and Alcohol Report determined your use to be an isolated incident requiring education and guidance, and that you had potential for further naval service. On 11 April 1991, you received NJP for two specifications of wrongful use of provoking words. Additionally, you were counseled concerning testing positive for using controlled substances. You were warned that failure to correct your deficiencies in your performance and or conduct could result in administrative discharge action. On 2 October 1992, you again received NJP for wrongful use of marijuana. On 4 October 1992, you were notified of administrative discharge action by reason of misconduct due to drug abuse, a pattern of misconduct, and commission of a serious offense. After being afforded your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board. On 6 October 1992, your case was forwarded to the separation authority with a recommendation that you receive an other than honorable (OTH) discharge. On 15 October 1992, the separation authority approved the recommendation and directed that you receive an OTH discharge due to a pattern of misconduct. On 27 October 1992, you were so discharged from the Navy A qualified mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you was suffering from PTSD during your service. The AO noted, that the preponderance of available objective evidence fails to establish you were diagnosed with PTSD, suffered from PTSD at the time of your military service, or your in-service misconduct could be attributed to PTSD or other mental health conditions. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to your statement that you served your country with honor and received an OTH discharge, and that between the stresses normally associated with a wartime deployment and being the victim of racial violence aboard ship, you began to suffer from anxiety and PTSD. You assert you were unaware of the effects the stresses were having on you, and you were reluctant to ask for help, not wanting to admit weakness or psychological injury. Additionally, that you contend that your continuous deployments stressed your marriage and drinking helped a bit, but was mostly ineffective, and you succumbed to the stress, and used marijuana to cope; a decision you have regretted since receiving your OTH discharge. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct, as evidenced by your three NJPs, two of which were for wrongful drug use, outweighed these mitigating factors. Additionally, the Board concurred with the AO in that the preponderance of available objective evidence fails to establish you were diagnosed with PTSD, suffered from PTSD at the time of your military service, or your in-service misconduct could be attributed to PTSD or other mental health conditions. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. You are entitled to have the Board reconsider its decision upon 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,