DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10188-18 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 that 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 4 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 previously provided 12 July 2019 advisory opinion (AO) furnished by a qualified Navy mental health professional. You enlisted in the Navy and began a period of active duty on 29 November 1983. On 30 November 1983, you were briefed on the Navy’s policy regarding drug and alcohol abuse. Your original service record was incomplete and did not contain any documentation pertaining to your separation from the Navy; however, it does contain the Navy Discharge Review Board (NDRB) report of your service record. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. Based on the NDRB report, on 29 August 1984, you were admitted to an Army hospital for alcohol rehabilitation after alcohol related incidents for disorderly conduct. You stayed in the program with adequate motivation but on the second week showed features of immature personality. You were discharged after 19 days because of your failure to progress satisfactorily in the rehabilitation program. On 4 February 1985, medical personal diagnosed you with alcohol dependence that existed prior to your entry on active duty, and immature personality disorder. You were rescreened, and found not eligible for treatment in a military setting. You were also recommended for administrative separation. On 5 February 1985, you were counseled concerning further alcohol or drug related incidents, and warned of administrative discharge action. On 10 April 1985, medical personal diagnosed you with a “Histrionic Personality Disorder.” You were observed in hospital for three days. You did not appear mentally ill nor genuinely suicidal. Administrative discharge action was recommended. On 8 May 1985, an Naval Investigative Report an incident involving you, when you assaulted victim when you damaged her vehicle, and were apprehended by security and military personnel. On 29 May 1985, you were referred to a special court-martial (SPCM) for assault with a dangerous weapon (knife), possession of marijuana, drunk and disorderly conduct, and damage to private property (auto) in sum of $1500. On 5 June 1985, a medical Board diagnosed you with “Amnestic Disorder and Acute Alcohol Intoxication,” but determined that you did not lack substantial capacity to appreciate the criminality of your conduct. On 19 June 1985, after consulting with legal counsel, you requested to be administratively discharged from the naval service with an other than honorable (OTH) characterization of service, for the good of the service, in order to escape trail by the aforementioned SPCM. As part of your request, you voluntarily admitted to the foregoing misconduct in writing. Your discharge request was approved and, on 1 July 1985, pursuant to your request, you were so discharged. As a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of a punitive discharge and confinement at hard labor. 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.” As part of the review process, a qualified Navy mental health professional further reviewed your request and provided the Board with an AO regarding your assertion you were suffering from a mental health condition during your service. The AO noted that in March 1984, you were removed from advanced schooling to become a hospital corpsman due to lack of prerequisite skills. In August 1984, you had a 19-day inpatient hospitalization for alcohol-related incidents for disorderly conduct, where you showed signs of an immature personality and were discharged early due to failure to progress satisfactorily in the program. In February 1985, you were formally counseled and hospitalized for three days, with a diagnoses of alcohol dependence that existed prior to entering service, and immature personality disorder. You were discharged in July 1985 in lieu of trial by court-martial for charges of assault, possession of marijuana, drunk and disorderly conduct, and damage to property in the amount of $1500. In your current request for review, you submitted a personal statement that you were suffering from unrecognized mental illness, which resulted in your misconduct. You submitted a June 2018 statement from the that you have a diagnoses of bipolar and major depressive disorders. You submitted excerpted records from an August 1984 hospital admission for 19 days with diagnoses of alcohol dependence and features of immature personality disorder. You submitted a lengthy statement that you were suffering from bipolar disorder in 1984, and should have been discharged at that time. You stated, that the marijuana cigarette found in your possession, was planted by another Sailor who bullied you. You also stated that you were bullied while in the brig and developed PTSD from your mistreatment in the Navy. The AO further noted that, in-service, you were diagnosed with a personality disorder, which is not attributed to military service, as it describes lifelong character traits. You were also diagnosed with what is now termed an alcohol use disorder, which military providers noted also existed prior to your military service. Currently, you have a diagnoses of bipolar disorder and major depressive disorder, but the AO noted that there is insufficient evidence to attribute these diagnoses to your military service more than thirty years ago. The AO opined that there is insufficient evidence to attribute your misconduct to a mental health concern, other than your in-service diagnoses of alcohol use and personality disorder. The AO stated that additional, post-service medical records describing the link between your mental health symptoms and your misconduct are required to render an opinion. Accordingly, the AO determined that, at this time, based on the available evidence, there is insufficient evidence that your misconduct should be attributed to a mental health condition incurred during your military service. The Board carefully weighed all potentially mitigating factors, such as your record of service And desire to upgrade your characterization of service. The Board also considered your assertions that you are claiming impropriety due to mental illness, that you believe your discharge was inequitable due to mental illness, that you were self-medicating due to mental illness, and that you did not get into trouble due to willingness. However, the Board concluded that these factors and assertions were insufficient to warrant recharacterization of your discharge, given your misconduct which resulted in the referral of charges against you to a special court-martial, and your subsequent request for discharge to escape those charges. The Board believed that considerable clemency was extended to you when your request for discharge was approved. Further, the Board concurred with the AO’s statement that there is insufficient evidence that your misconduct should be attributed to a mental health condition incurred during military 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, 4/12/2020