Docket No: 936-20 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 5 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). In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 12 February 2021, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 26 August 1993. You were briefed on the Navy’s policy regarding drug and alcohol abuse. On 26 August 1994, you received nonjudicial punishment (NJP) for unauthorized absence, and dereliction of duty. Additionally, you were counseled and warned that further misconduct could result in disciplinary action and in processing for administrative separation. On 13 October 1994, you received NJP for wrongful use of a controlled substance (LSD). On 15 October 1994, a Drug and Alcohol Report found you not dependent on drugs or alcohol; not eligible for counseling, education, or rehabilitation; and recommended your separation from the Navy. On 28 November 1994, you were notified of administrative separation processing for misconduct due to drug abuse and commission of a serious offense. After being afforded your procedural rights, you elected to have your case heard before an administrative discharge board (ADB). On 13 January 1995, an ADB found that you had committed misconduct due to drug abuse. The ADB recommended that you received an other than honorable (OTH) discharge. On 18 January 1995, your case was forwarded to the separation authority concurring with the ADB’s findings and recommendation. On 13 February 1995, the separation authority directed that you receive an OTH discharge due to drug abuse. On 23 February 1995, you were discharged from the Navy with an OTH characterization of service 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 was suffering from PTSD during your service. The AO noted that based on the available evidence, although you carry a post-discharge diagnosis of PTSD, the preponderance of available objective evidence fails to establish you suffered from PTSD at the time of your military service, or your in-service misconduct could be attributed to PTSD. 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 while you were on a motor whaleboat being lowered into the water, you experienced fear, as you were on the water floating away from your ship, and you felt you were going to die that day. You stated that afterwards, you started noticing the first symptoms of PTSD, and it was affecting your behavior. Currently, you claim you have serious issues with PTSD, anxiety, depression and even flashbacks, and you suffer from panic attacks that can occur three to four times a week. Additionally, you assert that when you were in port, you came across a guy selling drugs; you smoked marijuana in high school but never liked it, but bought some anyway to cope. You contend that your misconduct was not willful, and you feel that your mental health at the time met the Department of Veterans Affairs’ definition of “insanity,” and your misconduct was not persistent, and did not interfere with your duties. 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 for wrongful drug use outweighed these mitigating factors. Additionally, the Board concurred with the AO in that that the preponderance of available objective evidence fails to establish you suffered from PTSD at the time of your military service, or your in-service misconduct could be attributed to PTSD. 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,