Docket No: 5222-20 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. A three-member panel of the Board, sitting in executive session, considered your application on 10 May 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 31 March 2021, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 29 May 1980. On 23 Jun 1981, you were convicted by civilian authorities of possessing marijuana and trespassing. On 5 September 1981, you were, warned that your military behavior was unsatisfactory and further misconduct could result in administrative discharge action. On 8 October 1981, you were found not to be drug dependent and no rehabilitation was required. At that time, it was recommended that you be retained in Navy. During the period from 4 November 1981 to 4 April 1983, you received three nonjudicial punishments (NJPs) for possession marijuana onboard ship, causing a breach of peace by engaging in a fight onboard ship, six days of unauthorized absence, and knowingly and wrongly use marijuana. On 11 April 1983 you were, notified of administrative discharge action for misconduct due to drug abuse. After being afforded your procedural rights, you elected to have your case heard before an administrative discharge board (ADB). On 17 May 1983, an ADB found that you did committed misconduct due to drug abuse, and recommended that you receive an other than honorable (OTH) discharge. On 28 July 1983, your case was forwarded to the separation authority with the recommendation that you receive an OTH discharge for misconduct due to drug abuse. On 9 August 1993, the separation authority directed that you be discharged from the Navy due to drug abuse. On 22 August 1983, 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 the available objective evidence indicated you exhibited behaviors associated with a mental health condition during your military service, and some of your misconduct may be mitigated by your 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 statements that: (a) you used marijuana as a pain reducer for your back and ankle; and (b) you suffered mental health issues from your loss of a shipmate overboard, and extreme stress, were, threatened to be shot by a Marine, and not allowed to show mental health issues or why you were using marijuana, both for pain and stress. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your pre-service drug waiver, misconduct, as evidenced by your civil conviction, the fact that you were, warned of the consequences of further misconduct, and three NJPs, two of which involved wrongful drug involvement outweighed these mitigating factors. 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, 5/18/2021 Executive Director