DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5575-20 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 video/telephone appearance, 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 21 June 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 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). 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 23 June 2000. During the period from 20 December to 11 April 2001, you accumulated nine divisional counseling sheets documenting your lack of military bearing, chronic unauthorized absence status, and irresponsible behavior. On 6 May 2001, you received nonjudicial punishment (NJP) for conspiracy, four days of unauthorized absence, willful disobedience of a Petty Officer, wrongful use of a controlled substance (marijuana), and soliciting another to commit an offense. You were counseled and warned that further deficiencies in your performance and/or conduct could result in administrative discharge action. Additionally, you were subsequently notified of administrative discharge action for misconduct due to 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 14 May 2001, you waived your right to be screened for drug/alcohol dependency, and further waived your right to any treatment that would result from a finding of drug dependency. On 24 May 2001, your case was forwarded to the separation authority recommending that you receive an other than honorable (OTH) discharge. On 18 June 2001, the separation authority approved the recommendation and directed that you receive an OTH discharge due to drug abuse. On 20 June 2001, you were discharged from the Navy with an OTH characterization of service. 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 PTSD during your service. The AO noted that 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 you are “not that 18-year old kid anymore, [you] have a great wife, a wonderful son, and [you are] a successful firefighter paramedic. Further, you assert that the military failed you, you were not given the help you needed to adjust to your new circumstances, but despite this, you were a good sailor until the incident that resulted in your discharge. 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 NJP and wrongful drug involvement outweighed these mitigating factors. Additionally, the Board concurred with the conclusion of the AO in that 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 that 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, 6/25/2021 Executive Director