Docket No: 762-20 
Ref: Signature Date 

Dear  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although you did not file your application in a timely manner, the statute of limitations was waived in accordance with the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo).  A three-member panel of the Board, sitting in executive session, considered your application on 7 April 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 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, 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).  The Board also considered an advisory opinion (AO) from a qualified mental health professional dated 18 February 2021, which was previously provided to you.   
 
You entered a period of active duty in the Navy on 3 November 2003.  On 14 August 2004 you received nonjudicial punishment (NJP) for Article 86 unauthorized absence (UA), two specifications of Article 112a for wrongful use of marijuana and cocaine, and Article 134 for drunkenness and incapacitation for the performance of duties.  On 12 September 2004 you were notified of administrative separation processing by reason of misconduct due todrug abuse and you waived your procedural rights.  Your Commanding Officer recommended your discharge with an Other Than Honorable (OTH) characterization of service on 12 September 2004.  You declined rehabilitation treatment that same day and were discharged on 27 September 2004. 
 
You petitioned the Naval Discharge Review Board (NDRB) on 18 September 2010 and were denied relief.  You contended you wanted medical benefits for a physical exam, use of the GI Bill to further your education and career opportunities, and that your prior record of service and post-service conduct warranted clemency.  In your current application you request liberal consideration.  You contend you had PTSD and your mental condition during service and currently are extreme.  You were drinking your problems away in the Navy because you had no support for your mental health condition.  You were forced to use drugs as a way to cope with the mental depression and anxiety and experienced daily depression, sleep apnea, and an extreme sleep disorder due to a “wandering, unstable, un-calm” mind.  You further contend your PTSD began with the death of your parents and was exacerbated with the death of your friend (service member) and by your military training.  You also state you were tossed in gas chambers and mentally abused by drill sergeants. 
 
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 contentions noted above, desire to upgrade your discharge, and post-service accomplishments.  The Board also relied on the AO in making its determination and noted the preponderance of available objective evidence failed to establish you were diagnosed with PTSD or other major mental health condition, suffered from PTSD or other major mental health condition at the time of his military service, or your in-service misconduct could be attributed to PTSD or other major mental health conditions.  Based upon this review, the Board concluded that these potentially mitigating factors were insufficient to warrant relief, and specifically, the Board determined that your misconduct 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, 
5/4/2021
Executive Director