Docket No: 1933-20 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. The Board determined that your appearance via video or telephone, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. A three-member panel of the Board, sitting in executive session, considered your application on 26 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 1 March 2021, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 5 December 1995. On 25 July 1998, you received nonjudicial punishment (NJP) for the use of disrespect language toward a superior petty officer. Additionally, you were counseled and warned that further misconduct could result in administrative discharge action. On 1 July 1999, a psychology interview, and Drug and Alcohol Report stated that your pattern of cocaine use did not meet the criteria for substance abuse or dependence; you did not require drug treatment intervention, and you completed an intensive outpatient treatment for alcohol dependence, and continued to drink, which was against recommendations of your aftercare plan. You were advised to remain abstinent from alcohol indefinitely, become involved in regular attendance at AA meetings and obtain a sponsor, and to reestablish aftercare guidance. At that time, no treatment procedure for drug abuse was required. On 8 July 1999, you received NJP for wrongful use of cocaine. On 29 July 1999, you were notified of administrative discharge action for misconduct due to commission of a serious offense, a pattern of misconduct, and drug abuse. After being afforded your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board. On 19 August 1999, your case was forwarded to the separation authority recommending that you be discharged due to a pattern of misconduct, commission of a serious offense and drug abuse. On 24 August 1999, the separation authority directed that you receive an other than honorable (OTH) discharge due to a pattern of misconduct. On 1 September 1999 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 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. The AO noted that based on the available evidence, the preponderance of available objective evidence failed to establish you were diagnosed with a mental health condition, suffered from a mental health condition at the time of your military service, or your in-service misconduct could be mitigated by a mental health condition. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to your assertions that: (a) while you were serving in the Navy you began suffering from depression and anxiety, and still do to this day, and it led you to self-medicating and developing alcohol and chemical dependency problems; (b) you had outpatient treatment while on deployment, and it was not a good place for treatment, you received no aftercare, and were told that relapse was highly likely; (c) you were afraid to address your depression and anxiety with your command, and it led to your relapse and other than honorable discharge; and (d) your Captain’s Mast was very unfair and one sided, and alcohol and chemical dependency are medical conditions, that the Navy knew you suffered from. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct, as evidenced by your two NJPs, one of which was for wrongful drug use, and the fact that you were, warned of the consequences of further misconduct outweighed these mitigating factors. Additionally, the Board concurred with the AO that the available evidence, the preponderance of available objective evidence failed to establish you were diagnosed with a mental health condition, suffered from a mental health condition at the time of your military service, or your in-service misconduct could be mitigated by a mental health condition. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 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, 5/6/2021 Executive Director