DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8588-17 Ref: Signature date This letter 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. A three-member panel of the Board, sitting in executive session, considered your application on 25 March 2019. 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. In addition, the Board considered the enclosed 21 February 2019 advisory opinion (AO), which was previously provided to you. You enlisted in the Navy and began a period of active duty on 22 February 1988. On 24 February 1988, you were briefed on the Navy’s policy regarding drug and alcohol abuse. On 4 November 1988, you received nonjudicial punishment (NJP) for wrongful use of marijuana. Subsequently, on 19 December 1988, administrative discharge action was initiated to separate you from the Navy for misconduct due to drug abuse. You waived your right to request that your case be heard before an administrative discharge board. On 21 January 1989, medical personnel determined that you were not drug dependent. On 3 February 1989, your commanding officer forwarded your case to the separation authority recommending that you receive an honorable discharge. However, on 10 February 1989, the separation authority directed that you received and other than honorable (OTH) discharge. You received your OTH discharge on 7 March 1989. You requested an upgrade of your characterization of service partly on the basis that you suffered from a mental health condition during your military service. Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s 3 September 2014 memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of, the 25 August 2017 memorandum “Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment,” and the 25 July 2018 memorandum, “Guidance to Military Discharge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” A qualified Navy mental health professional reviewed your request and provided the Board with the 21 February 2019 AO regarding your assertion that you suffered from a mental health condition during your service. The AO noted, in part, that there is no evidence that you experienced a mental health condition in your military medical record and no evidence that you received a mental health diagnosis during or post-service. Based on available evidence, there is insufficient evidence to find you suffered from a mental health condition during your military service or that your misconduct should be attributed to a mental health condition. The Board, in its review of your entire record and application, carefully considered mitigating factors such as your desire to change your characterization of service and assertions that you made a mistake as a young man, you should have been offered a treatment program, and the Multiple Sclerosis diagnosis for your mother played on your psyche. With regard to treatment, drug abuse treatment by the military is warranted after diagnosis of dependence by a qualified medical authority. The only evidence found in the record indicated you were evaluated and found to be not dependent. Additionally, the Board concurred with the AO that there is insufficient evidence to support your contention that you suffered from a mental health condition that contributed to your misconduct. The Board concluded that these mitigating factors and assertions were not sufficient to warrant changing your characterization of service given your serious misconduct, which resulted in an NJP for wrongful drug use. The Board thus concluded that the nature of your misconduct supported your OTH discharge. It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new matters. 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,