Docket No: 9114-18 Ref: Signature date Dear 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 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, sitting in executive session, considered your application on 1 April 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. In addition, the Board considered the 7 February 2019 advisory opinion (AO) furnished by a qualified Navy mental health professional. You enlisted in the Marine Corps and began a period of active duty on 28 April 1982. On 5 December 1983, you received nonjudicial punishment (NJP) for wrongfully altering your identification card by changing your birthdate. On 24 February 1984, you received NJP for wrongful use of marijuana, and disobeying a lawful order. On 28 February 1984, you were counseled regarding your frequent involvement with military authorities, and warned that further misconduct could result in administrative discharge action. On 2 March 1984, you completed Phase I of a Drug and Alcohol Rehabilitation Program. On 8 May 1984, you received NJP for wrongful use of marijuana. Administrative discharge action was initiated to separate you from the Marine Corps for misconduct due to drug abuse. On 19 July 1984, an administrative discharge board (ADB) found that you did commit misconduct due to drug abuse, and recommended an other than honorable (OTH) discharge. On 31 July 1984, you received a third NJP for wrongful use of marijuana, and the separation authority directed that you receive an OTH discharge for misconduct due to drug abuse. You were discharged on 15 August 1984 with an OTH. 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 Navy mental health professional reviewed your request and provided the Board with an AO regarding your assertion that you suffered from anxiety during service. The AO noted you submitted a personal statement that you experienced anxiety and stress due to family pressures and that you used drugs to cope with the pressures. You, however, did not submit any post- service mental health records documenting a mental health diagnosis. The AO opined, therefore, that there was insufficient information to attribute your misconduct to a mental health condition. A copy of the AO was mailed to you on 21 February 2019 and you were given 30 days to submit further information for the Board to consider. When the Board did not receive any additional information, you application was considered on the available evidence. The Board, in its review of your entire record and application, carefully considered your request to change your characterization of service because you would like to use the Department of Veterans Affairs for mental health services, assertions that you experienced anxiety and stress due to family pressures, and used drugs to cope with the pressures. The Board also considered your contention that you were never offered counseling. The Board, however, concluded that these factors and assertions were not sufficient to warrant changing your characterization of service given your misconduct, which resulted in four NJPs, three involving the wrongful use of marijuana, one of which was after you were notified of administrative discharge action. Additionally, you were warned of the consequences of further misconduct after your second NJP. With regard to your contention that you were never offered counseling, you attended and completed Phase I of a drug and alcohol program. The Board, thus, concurred with the AO that there is insufficient information to attribute your misconduct to a mental health condition such as anxiety and found no material error or injustice in your 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 the 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. Executive Director