Docket No: 1074-20            
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 limitations 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 5 April 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, including 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 also requested and reviewed a 17 February 2021 Advisory Opinion (AO) from a mental health professional, which you received, and to which you did not provide a response. 
 
You enlisted in the Navy on 15 June 1993.  In or about September 1994, you referred yourself to your medical unit due to your use of methamphetamines and marijuana.  You received nonjudicial punishment on 28 October 1994 for two periods of unauthorized absence and disobeying the order of a senior chief petty officer.  On 22 November 1994, you were notified of the initiation of administrative separation processing, and your rights in connection therewith, due to your self-referral for drug abuse, misconduct due to drug abuse, as well as misconduct due to commission of a serious offense. You waived your right to an administrative discharge board and did not object to the proposed separation.  On 22 November 1994, your commanding officer recommended that you be discharged with an other than honorable characterization of service.  On 5 December 1994, the discharge authority directed that you be discharged with a characterization type that was warranted by your service record and that same day you were discharged with a general (under honorable conditions) characterization of service. 
 
The Board carefully considered all potentially mitigating factors in your current petition to determine whether the interests of justice warrant relief in your case including in accordance with the Hagel and Wilkie Memos.  These included, but were not limited to, your contentions that during your period of active duty you were suffering from post-traumatic stress disorder (PTSD) that was exacerbated due to the command climate of your unit and deployment overseas, that during your service you experienced anxiety and felt ostracized from your command, and that there were Sailors in your unit doing other drugs and they made you feel accepted and so you experimented with them but realized it was a bad decision.  You also contend that you self-referred for drug use hoping to receive treatment but instead you were taken to Captain's Mast and discharged, and that you love the Navy and you are proud to be a Sailor and a Veteran.  
 
In connection with your contentions, the Board sought, and reviewed, the 17 February 2021 AO, which found as follows: 
 
Although Petitioner contended he suffered from PTSD, he did not provide any details of symptoms, traumatic events meeting criteria for PTSD, clinical diagnosis of PTSD, or description of symptoms / behavioral changes that mitigated his in-service misconduct.  No evidence to support the claim of PTSD, or other mental health conditions, was presented. 
 
The AO concluded, “it is my considered medical opinion the preponderance of available objective evidence failed to establish Petitioner was diagnosed with PTSD or other major mental health condition, suffered from PTSD or other major mental health condition at the time of his military service, or his in-service misconduct could be attributed to PTSD or other major mental health conditions.” 
 
Based upon its review, the Board concluded the potentially mitigating factors you raised were insufficient to warrant relief.  The Board found that your discharge characterization was warranted by your service record. The Board also found the AO to be persuasive.  Accordingly, based on all of the facts and circumstances, the Board determined that your request does not merit relief.   
 
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,