Docket No: 4915-19 
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 BCNR, sitting in executive session, considered your application on 16 October 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 qualified mental health professional dated 24 August 2019, which was previously provided to you. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) 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 and began a period of active duty on 28 May 1975.  On 31 March 1976, you received nonjudicial punishment (NJP) for disobeying a lawful order by possessing marijuana.  On 6 May 1976, you were convicted by summary court-martial (SCM) of dereliction in the performance of your duties by sleeping on watch.  On 27 May 1976, you received NJP for disobeying a lawful order.  On 7 June 1976, administrative discharge action was initiated to discharge you from Navy by reason of misconduct due to your frequent involvement of a discreditable nature with military authorities.  After being afforded your procedural rights, you elected to waive your right to request an administrative discharge board provided you were recommended for a general discharge.  On 8 June 1976, your case was forwarded to the separation authority with the recommendation that you receive a general discharge due to misconduct.  On 21 June 1976, the separation authority directed that you be separated from the Navy with a general discharge.  On 1 July 1976, you were discharge from the Navy with a general characterization of service.  
  
Your request 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 qualified mental health professional 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.  As detailed in the AO, the mental health professional noted that you submitted no evidence that you exhibited any mental health symptoms or conditions during your military service, other than substance abuse, and that you have not submitted any evidence of a post-discharge mental health conditions as rendered by a mental health practitioner.  Accordingly, the mental health professional opined that, based on the available evidence, there is insufficient evidence of a mental health condition attributable to your military service that may have mitigated your misconduct. 
 
The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to upgrade your discharge.  The Board also considered your assertions that: (a) you had no idea you had severe mental disorders; (b) you have been sober and a member in good standing in Alcoholics Anonymous from August 1988 thru present date; (c) you have spent the last 31 years working hard and helping others recover from their problems with alcohol and drugs; and (d) you believe that your outcome in the Navy would have, and should have been different.  The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given the misconduct set forth in your service record.  Further, the Board concurred with the AO’s statement that there is insufficient evidence of a mental health condition attributable to your military service 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 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,