DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10185-18 Ref: Signature Date 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. A three-member panel of the Board, sitting in executive session, considered your application on 9 March 2020. 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 29 August 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 25 November 1986. On 28 November 1986, you were briefed on the Navy’s policy regarding drug and alcohol abuse. In December 1986, you were identified through urinalysis testing to be a drug abuser. On 18 March 1987, you were advised of the Navy’s policy preventing and eliminating drug and alcohol abuse. On 12 February 1988, your received nonjudicial punishment (NJP) for one day of unauthorized absence, wrongful use, possession, and distribution of marijuana. On 18 February 1988, you were notified of administrative discharge action for misconduct due to drug abuse. Your case was forwarded to the separation authority with the recommendation that you be discharged with an other than honorable (OTH) characterization of service due to drug abuse. On 19 March 1988, the separation authority directed that you be separated from the Navy with an OTH discharge. On 31 March 1988, you separated from the Navy with an OTH characterization of service. You request an upgrade of your characterization of service 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,” 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 further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from a mental health condition during your service. The AO noted that in your pre-enlistment paperwork, you acknowledged prior marijuana use. You were evaluated by medical and determined not to be physically or psychologically dependent on substances. In your current request for review, you submitted a statement that you incurred anxiety and depression because of separation from your family, which resulted in one-time drug use. No other records were available for review. Unfortunately, you have submitted no medical documentation of a mental health diagnosis. Additional, post-service medical records describing your diagnosis and symptoms and the specific link of those symptoms with your misconduct are required to render an alternate opinion. However, it seems difficult to attribute your in-service marijuana use to a mental health condition incurred in service, when you had pre-service marijuana use. It seems as likely as not that your in-service misconduct represents a continuation of pre-service behavior. At this time, based on the available evidence, there is insufficient evidence to attribute your misconduct to a mental health condition incurred during military service. The Board carefully weighed all potentially mitigating factors, such as your record of service, your desire to upgrade your discharge, and your assertion that you served honorably in the Navy for two years except for a single incident of self-medicating with drugs. The Board also considered your assertions that you were not given counseling or rehabilitation or any chance to redeem yourself, you wanted to stay in the Navy and serve your country, and you are very sorry for your actions that separated you from the Navy. The Board concluded that these factors and assertions were not sufficient to warrant upgrading the characterization of your discharge given your misconduct that resulted in NJP for drug abuse. The Board’s decision also factored in that you were briefed on the Navy’s policy regarding drug and alcohol abuse, you were placed on a drug urinalysis surveillance program, and you signed a Drug Awareness Statement. Further, the Board concurred with the AO’s statement that there is insufficient evidence to attribute your misconduct to a mental health condition incurred during military service. The Board discerned no probable material error or injustice in your discharge that warrants upgrading the characterization of your service. 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. Sincerely, 4/13/2020