Docket No: 1849-20 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 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 19 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 an 8 March 2021 advisory opinion (AO) from a mental health professional, which has been provided to you, and to which you did not provide a response. You enlisted in the Navy on 13 Aug 1997. On 10 February 2000, you received nonjudicial punishment for using marijuana. On 12 February 2000, you were notified of the initiation of administrative separation processing, and your rights in connection therewith. You waived your right to an administrative board. On 22 February 2000, your commanding officer forwarded your package to the separation authority recommending your discharge with an other than honorable characterization of service, and on 24 February 2000, you were so discharged. The Board carefully considered all potentially mitigating factors in your petition to determine whether the interests of justice warrant relief in your case including in accordance with the Kurta and Wilkie Memos. You contend that your misconduct was an isolated incident, with no other incidents during your service, and the misconduct was due to your inability to cope with loss of grandfather and stress of deployment. You state that you were not provided counseling and found another means of dealing with your pain and anxiety. You explained that you made the wrong choice and failed the command drug screening. The Board considered the materials that you submitted with your petition. In connection with your contentions, the Board sought the 8 March 2021 AO. The AO reviewed all of your contentions and available records. The AO determined as follows: Petitioner’s in-service records did not contain evidence of a diagnosis of a mental health condition, or psychological/behavioral changes, which may have indicated a mental health condition. Throughout his military service, disciplinary actions, counselings, and administrative processing, as well as his separation physical examination, there were no concerns cited which would have warranted referral to mental health resources. Additional information, such as medical records containing a diagnosis of a mental health condition/description of symptoms and linked to his military misconduct would aid in rendering an alternate opinion. The AO concluded, “Based on the available evidence, it is my considered medical opinion the preponderance of available objective evidence failed to establish Petitioner was diagnosed or suffered from a mental health condition at the time of his military service, or his in-service misconduct could be attributed to a mental health condition.” Based upon its review, the Board concluded the potentially mitigating factors you raised were insufficient to warrant relief. The Board concurred with the findings of the AO, specifically noting that there is no evidence of a diagnosis of a mental health condition, psychological changes, or behavioral changes, which may have indicated a mental health condition in your service records. Given the totality of the circumstances, and in light of the misconduct that was the cause of your discharge as evidenced by your nonjudicial punishment for using marijuana, 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, 4/26/2021 Executive Director