DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7034-20 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 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 25 April 2021, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 28 November 2000. Prior to your active duty service, you admitted to pre-service marijuana use. On 23 March 2004, you tested positive for marijuana use. On 2 April 2004, you received nonjudicial punishment (NJP) for wrongful use of marijuana. You received restriction and extra duty, a forfeiture of pay, and a reduction in paygrade. Additionally, you were notified of administrative discharge action for misconduct due to drug abuse. After you were afforded your procedural rights, you elected to waive your right to have your case heard by an administrative discharge board. On 6 April 2004, your case was forwarded to the separation authority recommending you receive an other than honorable (OTH) discharge stating, in part, that you were provided every opportunity to succeed, you had proven yourself to be untrusting, unreliable, and had no potential for further service. On 22 April 2004, the separation authority directed that you be discharged from the Navy with an OTH characterization of service. On 28 April 2004, you were discharged from the Navy with an OTH characterization of service for misconduct due to drug abuse. 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 during your service. The AO noted that based on the available evidence, there is sufficient evidence you exhibited behaviors associated with a mental health condition during your military service and 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 assertions that: (a) you are a combat veteran who suffered from severe PTSD returning from Operation Iraqi Freedom, Operation Enduring Freedom; (b) post-service you have been an outstanding citizen with no criminal charges and sturdy work history; (c) you were, months short of an honorable discharge before your PTSD took over your life and mental state, and you made a horrible decision to self-medicate with marijuana; (d) at that time, you suffered from a miscarriage, which just added to your depression; (e) you went to medical, several times complaining of severe depression and anxiety, and were told it was normal after the missions you had completed and that you should be grateful you were not on the ground; and (f) you were never offered medication or counseling. However, 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 for wrongful drug use, and pre-service drug use outweighed these mitigating factors. In rendering its decision, the Board determined that it lacked sufficient information to support your assertions. 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, 7/2/2021 Executive Director