DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7789-20 Ref: Signature Date Dear Petitioner: 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. 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 19 July 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, 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 17 May 2021, which was previously provided to you. On 13 April 1984, you reenlisted in the Navy after serving over three years of honorable service. On 18 February 1987, you received nonjudicial punishment (NJP) for operating a motor vehicle while drunk. On 12 March 1987, you were evaluated as an alcohol abuser, but possessed potential for continued naval service. On 13 March 1987, you were counseled concerning your past misconduct for alcohol abuse and warned that further misconduct could result in administrative discharge action. On 1 July 1987, you received NJP for wrongful use of cocaine. On 16 July 1987, you were notified of administrative discharge action by reason of misconduct due to drug abuse. After being afforded your procedural rights, you elected to have your case heard before an administrative discharge board (ADB). On 2 September 1998, an ADB found that you had committed misconduct due to drug abuse, and recommended that you be separated from the Navy with an other than honorable (OTH) characterization of service. On 7 October 1987, your commanding officer concurred with the ADB’s findings and recommendation and forwarded your case to the separation authority. On 5 December 1987, the separation authority directed that you be separated from the Navy with an OTH discharge due to drug abuse. On 22 December 1987, 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 a mental health condition during your service. The AO noted that the preponderance of 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 attributed to 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 statement that you have been involved deeply with the church in your community and it has provided you with habits to improve your discharge status. 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 two NJPs, one of which was for wrongful drug use, outweighed these mitigating factors. Additionally, the Board concurred with the conclusion of the AO. 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, 7/22/2021 Executive Director