Docket No:  5343-20 
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 13 April 2021, which was previously provided to you. 
   
You enlisted in the Navy and began a period of active duty on 13 January 1987.  On 16 January 1987, you were briefed on the Navy’s policy regarding drug and alcohol abuse.  On 29 April 1988, you received nonjudicial punishment (NJP) for driving under the influence (DUI) of alcohol and/or drugs.  Additionally, you were counseled concerning your DUI and warned that further deficiencies in your performance or conduct could result in administrative discharge action.  On 26 August 1988, you were counseled concerning alcohol abuse and were warned that further deficiencies in your performance or conduct could result in administrative discharge action.  On 23 November 1988, a psychiatric evaluation diagnosed you with having an Adjustment Disorder with mixed emotional features, Alcohol Abuse, and a Passive-Aggressive Personality Disorder.  You were not considered mentally ill, but manifested a longstanding disorder of character and behavior, which was of such severity as to render you incapable of serving adequately in the Navy.  It was recommended that you be processed for an administrative discharge from the Navy.  On 1 December 1988, you received NJP for failing to obey a lawful order.  On 24 January 1989, you were notified of administrative discharge action for misconduct due to commission of a serious offense, a pattern of misconduct and drug abuse as evidenced by your wrongful use of cocaine.  After being afforded your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board.  On 9 February 1989, you received NJP for wrongful use of cocaine.  On 22 February 1989, medical personnel determined you were not dependent on drugs or alcohol.  On 7 March 1989, your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) discharge.  On 14 March 1989, the separation authority directed that you receive an OTH discharge for misconduct due to commission of a serious offense.  On 15 March 1985, 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 Post-Traumatic Stress Disorder (PTSD) during your service.  The AO noted that based on the available evidence, the preponderance of objective evidence established you suffered from PTSD at the time of your military service, and your in-service misconduct could be attributed to PTSD. 
 
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 served in active combat in the Persian Gulf in 1987, and suffer from PTSD; (b) despite efforts to seek medical treatment, your symptoms were not treated, and were mistakenly diagnosed as a personality disorder; and (c) after months of suffering, including an inability to sleep, nausea, chest pain, and other symptoms, you attempted to self-medicate with alcohol, your work performance declined, and you struggled to complete tasks.  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 three NJPs, one of which was for wrongful drug use, the fact that you were briefed on the Navy’s policy regarding drug and alcohol abuse, and were counseled on more than one occasion of the consequences of further misconduct outweighed these mitigating factors.  The Board noted that although the AO stated that based on the available evidence, the preponderance of objective evidence established you suffered from PTSD at the time of your military service, and your in-service misconduct could be attributed to PTSD, given the totality of the circumstances, the Board determined that your misconduct outweighed these facts, and 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