DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 7176-17 
APR 1 2019 

Dear : 

This is in reference to your application for correction of your naval record pursuant to the 
provisions ofTitle 10, United States Code, section 1552. After careful and conscientious 
consideration of the entire record, the 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 application on its merits. A three-
member panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 6 December 2018. 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, applicable 
statutes, regulations, and policies, and the enclosed 6 December 2017 mental health advisory 
Opinion (AO). 

You enlisted in the Navy and began a period of active duty on 19 February 1991 . You served 
for a year and three months without disciplinary incident, but, on 22 May 1992, your received 
nonjudicial punishment (NJP) for wrongful use of cocaine. Subsequently, you were notified of 
pending administrative separation by reason of misconduct due to drug abuse, at which time you 
waived your right to present your case to an administrative discharge board (ADB). Your 
commanding officer recommended that you be discharged with an other than honorable (OTH) 
characterization ofservice by reason of misconduct due to drug abuse. The discharge authority 
approved this recommendation and directed that you be discharged with an OTH characterization 
of service by reason of drug abuse, and, on 29 June 1992, you were discharged. 

You request an upgrade to your discharge characterization on the basis that you suffered from 
post-traumatic stress disorder (PTSD) at the time of your military service. Your request was 
fully and carefully considered by the Board in light of the Secretary of Defense's memorandum, 
"Supplemental Guidance to Military Boards for Correction of Military/Naval Records 
Considering Discharge Upgrade Requested by Veterans Claiming Post-Traumatic Stress 
Disorder" of 3 September 2014 and the "Clarifying Guidance to Military Discharge Review 
Board and Boards for Correction of Military/Naval Records Considering Request by Veterans 
for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual 
Harassment" memorandum of 25 August 2017. 

As part of the Board's review, a qualified mental health professional also reviewed your request 
and provided the Board with an AO dated 6 December 2017 regarding your assertion that you 
suffered from PTSD. The AO noted that there are no in-service medical records that mention 
any mental health issues, and that you did not provide any details about a purported traumatic 
incident. The AO noted further that a medical note in your record states you were diagnosed 
with alcohol dependence and cocaine use, and your discharge medical exam is negative for 
psychiatric symptoms. You did not provide any post-service medical records for review. The 
AO thus concluded that there is insufficient evidence to support your contention that you 
suffered from PTSD at the time of the service. 

The Board carefully weighed all potentially mitigating factors, such as your desire to put your 
life back to together. The Board, however, concluded that these factors were not sufficient to 
warrant relief in your case because of the seriousness of your misconduct. The Board noted 
further that you waived your right to present your case to an ADB. While the Board was 
sympathetic to your desire to put your life back together, it concluded that the severity of your 
misconduct outweighed you desire to upgrade your discharge. The Board concurred with the 
AO that there is insufficient evidence to support your contention that you had service-connected 
PTSD that contributed to your misconduct. Even under the liberal consideration standard, the 
Board, in its review, discerned no impropriety or inequity in the discharge. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously 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, 



Executive Director