Docket No: 3084-19 Ref: Signature Date MR Dear Mr.: 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 10 August 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 advisory opinion (AO) furnished by a qualified mental health professional dated 22 April 2020, which was previously provided to you. You served in the Navy on active duty from 31 July 1974 to 27 October 1976. You were discharged with a General (under honorable conditions) characterization of service, and received reentry code RE-4 (Ineligible for reenlistment). However, on 28 December 1982, you reenlisted in the Navy. On 29 March 1983, you received nonjudicial punishment (NJP) for concealment of your prior naval service. You were counseled and warned regarding your fraudulent enlistment, and allowed to remain active duty. On 12 June 1984, you received NJP for wrongful use of marijuana. On 16 July 1984, you received NJP for breaking restriction. Your service record was incomplete and did not contain all of the documentation pertaining to your separation from the Navy. However, on 18 July 1984, an official message from Military Personnel Command, directed your discharge under other than honorable (OTH) conditions by reason of misconduct due to drug use. Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), on 20 July 1984, you were discharged from the Navy with an OTH characterization of service for misconduct due to drug abuse, and received reentry code RE-4. Absent additional available 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 Post-traumatic stress disorder (PTSD) 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 mental health professional further reviewed your request for correction to your record and provided the Board with an AO. The mental health professional reviewed your contentions in conjunction with available medical records in order to evaluate your assertion that you were suffering from a mental health condition. However, the AO concluded that there is insufficient evidence to support the existence of an in-service mental health condition to which your misconduct could be attributed. The Board carefully weighed all potentially mitigating factors, such as your record of service, to include your service during the end of the Vietnam War, and desire to upgrade your discharge. The board also considered your assertions that your wife was unable to deal with the daily stresses of a premature infant, that she had a great support system that she refused to use, and that your command had a policy of not denying emergency leave, so after the third time of taking leave, they decided to process you for discharge. Additionally, you assert that the command Master Chief’s mission was to make your life miserable, and after nearly a year of harassment, you made a rude comment to him and he nailed you to the bulkhead and told you that you were finished. Two days later, you were given a urine test, which tested positive of cocaine, but you had never taken cocaine, in any form in your life, and therefore, you knew that the test was bogus. The Board concluded these factors and assertions were not sufficient to warrant the recharacterization of your discharge given your misconduct that resulted NJPs for various offenses. Further, the Board concurred with the AO’s statement that there is insufficient evidence to corroborate any in-service mental health conditions that may have mitigated your misconduct. 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,