Docket No: 11236-19 Ref: Signature Date Dear : This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 17 March 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). The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy on 24 October 1988. On 14 February 1990, you tested positive for marijuana. On 12 April 1990, you received non-judicial punishment (NJP) for wrongful use of amphetamine/methamphetamine. Subsequently, you were notified of administrative separation by reason of misconduct due to drug abuse. You elected to consult with legal counsel and exercised your right to have your case considered by an administrative discharge board (ADB). The ADB found that you committed misconduct due drug abuse and recommended you receive an other than honorable (OTH) discharge due to drug abuse. The discharge authority concurred with the ADB and directed an OTH discharge by reason of misconduct. On 13 July 1990, you were discharged. Your contention that you suffered from Post-Traumatic Stress Disorder (PTSD) was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014 and the "Clarifying Guidance to Military Discharge Review Board 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" memorandum of 25 August 2017. A mental health professional also reviewed your request for correction to your record and provided the Board with an Advisory Opinion (AO) dated 28 January 2021 regarding your assertion of suffering from PTSD/Mental Health Condition. The AO stated in part that your in-service record revealed no evidence of mental health concerns on your separation physical and that there is also no indication in your record of primary or secondary trauma, nor any medical treatments/procedures while in-service. Additionally, the AO noted that no civilian medical records were submitted for review and that your in-service records do not contain evidence of a diagnosis of a mental health condition or psychological/behavioral changes, which may have indicated a mental health condition. Based on the available evidence, the mental health professional opined that the preponderance of available objective evidence fails to establish you were diagnosed with a mental health condition, suffered from a mental health condition at the time of your military service, or your in-service misconduct could be attributed to a mental health condition. 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, the AO, your desire to upgrade your discharge and contentions of PTSD as a reason for your misconduct, and your contention that you were not provided help or assistance for your drug abuse, and you are currently in recovery and sober. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board found no nexus between PTSD and your misconduct. The Board also concurred with the AO’s statement that there was insufficient evidence to support your contention that you had service-connected PTSD/Mental Health Condition that contributed to your misconduct. Even under the liberal consideration standard, the Board found that the seriousness of your misconduct, as evidenced by your NJP and violation of the Navy’s Zero Tolerance drug policy, outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. In regard to your contention that you were not provided help or assistance for your drug abuse, the Board noted that the record shows you declined to participate in a private health insurance conversion program after discharge to assist with your drug problem. The Board also noted that you elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB). The ADB found that you committed misconduct due drug abuse and recommended you receive an OTH discharge due to drug abuse. Regarding your contention that you are currently in recovery and now sober, the Board that noted while commendable, your post service conduct does not excuse your conduct while enlisted in the Navy or the basis for your discharge. 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,