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 relevant portions of your naval record and your application, 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. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 12 November 2020.  The names and votes of the members of the panel 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 this 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.   
 
A review of your record shows that you entered active duty with the Navy in June 2011.  After testing positive for cocaine use on a urinalysis, non-judicial punishment was imposed on you for wrongful use of a controlled substance on 24 July 2012.  Based on your drug abuse, you were administratively processed for separation and discharged on 9 August 2012 with an Other than Honorable characterization of service.  On 1 December 2019, the Department of Veterans Affairs (VA) granted you a service connection for Post-Traumatic Stress Disorder (PTSD) with stimulant and cocaine use disorder. 
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability and an upgrade to your characterization of service.  You rely on your VA rating to substantiate your unfitness for continued naval service and a service connection to your wrongful cocaine use.  Unfortunately, the Board disagreed with your rationale for relief.  In reviewing your record, the Board concluded you were ineligible for disability processing based on your misconduct that resulted in your administrative separation and Other than Honorable characterization of service.  Disability regulations direct that misconduct based processing must superseded disability processing in cases involving Other than Honorable or punitive discharges.  Further, the Board noted that you showed no signs of an occupational impairment due to a disability condition at the time of your discharge.  Your 15 July 2012 performance evaluation documented you were performing at fleet standards for your paygrade and rate approximately three weeks prior to your discharge.  You were recommended for promotion and retention with positive performance comments.  Based on this evidence, the Board concluded the preponderance of the evidence did not support a finding that you were unable to perform the duties of your office, grade, rank or rating due to a disability condition at the time of your discharge.  Finally, the Board was unable to find any nexus between your PTSD diagnosis assigned years after your discharge and your misconduct.  You were not diagnosed with any mental health condition while on active duty, were not receiving treatment, and did not exhibit any symptoms based on your performance record.  This led the Board to conclude, despite applying liberal consideration, that no nexus exists between your PTSD diagnosis and your misconduct.  Therefore, the Board determined that your characterization of service remains appropriate based on the seriousness of your misconduct and your brief period of active duty service.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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,