DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 879-19 Ref: Signature Date Dear : This is in reference to your application of 21 December 2019 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. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 19 May 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 8 November 2019, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 12 February 1990. On 4 May 1990, you were briefed on the Navy’s policy regarding drug and alcohol abuse. On 6 June 1991, you were convicted by civil authorities, of driving under the influence of alcohol (DUI). On 15 November 1991, you were again, briefed on the Navy’s policy regarding drug and alcohol abuse. On 6 May 1992, you received non-judicial punishment (NJP) for 20 days of desertion. On 12 May 1992, you were notified of an administrative action to separate you from the naval service for misconduct due to commission of a serious offense and civil conviction. After being afforded your procedural rights, you waived your right to present your case to an administrative discharge board. On 19 May 1992, you were disqualified from submarine duty. On 21 May 1992, your case was forwarded to the separation authority recommending that you receive an other than honorable (OTH) discharge due to commission of a serious offense and civil conviction. On 19 June 1992, the separation authority directed that you receive an OTH discharge due to commission of a serious offense, and offered alcohol treatment prior to your administrative separation from the Navy via the Department of Veterans Affairs. At that time, you were consider by a medical officer to be alcohol dependent. On 9 July 1992, you were discharged from the Navy with an OTH characterization of 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 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 PTSD during your service. The AO noted that you underwent your Enlistment Physical Examination on 29 November 1989 where you were medically determined to be “qualified for enlistment in USN.” The AO also noted that you underwent a Separation Physical Examination on 29 June 1992 where you were clinically determined to be “qualified for separation from naval service.” The AO also noted that there is no evidence of any mental health symptoms or conditions in your available personnel, medical, or dental records during your military service. The AO concluded that there is insufficient evidence to attribute your misconduct to any mental health condition. The Board carefully weighed all potentially mitigating factors in your case, including your record of service and desire to upgrade your discharge. The Board also considered your assertions that the punishment was too harsh for a brief UA. You contend that you requested reassignment due to claustrophobia, autism, and PTSD, and you state that you have suffered enough, in 25 years, with an OTH discharge. You also contend that you were denied help for depression and suicidal thoughts. The Board concluded that these factors and assertions were not sufficient to warrant changing your narrative reason for your discharge, given your misconduct that resulted in NJP, and civil conviction for DUI. Further, the Board concurred with the AO’s statement that there is insufficient evidence to attribute your misconduct to any mental health condition. 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, 6/15/2020