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.          
 
A three-member panel of the Board, sitting in executive session, considered your application on 7 January 2021.  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.   
 
The Board carefully considered your arguments that you deserve to have your non-judicial punishments set aside, have your narrative reason for separation changed to disability, service credit for a five-year enlistment, and travel pay upon your discharge.  You provided new evidence that documents you completed your nursing degree and were offered employment as a registered nurse as new mitigation evidence in support of your reconsideration request.  Unfortunately, even after applying liberal consideration to your case, the Board disagreed with your rationale for relief. 
 
The Board determined your mental health condition likely had a nexus to your misconduct but concluded the mitigation offered by your mental health condition did not excuse your misconduct or require it to be set aside.  In making this finding the Board affirmed its previous three decisions not to grant clemency in your case by setting aside your non-judicial punishment.  The Board again found no evidence that you were not mentally responsible for your misconduct and, in their opinion, the seriousness of your drug use far outweighed the mitigation offered by your mental health condition.  The fact you received a General discharge for conduct that typically merits an Other than Honorable characterization of service was also considered in determining whether relief was appropriate. 
 
Regarding your claim for a disability discharge, the Board determined the preponderance of the evidence does not support a finding that you were unfit for continued naval service at the time of your discharge since you were medically cleared for discharge and, post-discharge, you were able to work in the medical field while completing your studies to become a registered nurse.  The Board felt this was objective evidence you were able to perform your duties as a Hospital Corpsman since your post-discharge employment was substantially similar to those required of you during your active duty service.  In addition to the reasoning above, the Board again concluded that you were ineligible for disability processing since you were discharge for misconduct that qualified for a punitive discharge or Other than Honorable characterization of service.   
 
Finally, the Board determined you are not entitled to service credit or travel pay based on their findings that you were appropriately discharged for misconduct.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
The Board determined that your personal 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. 
 
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,