DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1024-18 Dear 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. 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 30 January 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, applicable statutes, regulations, and policies, and the enclosed 24 October 2018 Advisory Opinion (AO), which was previously provided to you. You enlisted in the Navy and began a period of active duty on 28 July 2003. In 2005, you deployed off the coast of Iraq aboard the. You state that during the deployment, you began to experience depression and anxiety and started to self-medicate with cigarettes as a stress reliever. In your personal statement to the Board, you state that you subsequently exchanged cigarette use for marijuana use. On 8 February 2006, you received a post-deployment health assessment and reported that, although your health remained the same, you had difficulty remembering, felt depressed or down some of the time, had little interest or pleasure in doing things a lot of the time, and that you startled easily. The medical notes state that you did not “want to have a [mental health counseling] at the time.” On 24 January 2007, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance (marijuana or “THC”). On 13 April 2007, you were discharged from the Navy on the basis of misconduct and received a general (under honorable conditions) (GEN) characterization of service, and a reentry (RE) code of RE-4. In your petition to the Board, you request an upgrade to your characterization of service from GEN to honorable (HON). You state that the GEN discharge is inequitable because it was based on an isolated incident within 48 months of service. You also state that you were diagnosed with generalized anxiety disorder in August 2013, and that you developed this disorder while serving in the Navy. In support of your application, you provide a copy of your Certificate of Release or Discharge from Active Duty (DD Form 214), a personal statement, service evaluations, a post-deployment mental health assessment, character statements, a disability determination from the Department of Veterans Affairs (DVA), certificates of achievement, and a copy of the issuance of a Good Conduct Medal. You request an upgrade of your characterization of service on the basis that you suffered from a mental health condition 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 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” memorandum of 25 August 2017. As part of the review process, a Navy mental health professional reviewed your assertions and the available records, and issued an AO. The AO notes that the DVA issued you a 50% disability rating for service-connected persistent depressive disorder, with mild anxious distress, due to military experience. The AO states that a review of your DVA treatment records is necessary in order to provide a comprehensive medical opinion. The AO notes that you acknowledged drug use prior to your time in the military, and endorsed mild symptoms of depression upon your return from deployment – for which you declined mental health services. In the absence of post-service treatment records, the AO finds that there is insufficient evidence that your in-service misconduct of substance use could be attributed to depression incurred during military service. The AO was provided to you, and you were given 30 days in which to submit a response. When you did not provide a response within the 30-day timeframe, your case was submitted to the Board for consideration. The Board carefully reviewed your application and noted your contention that you were suffering from a mental health condition at the time of your military service. The Board reviewed your character letters and post-deployment health assessment. When considering the AO, the Board noted that based on the DVA determination and information you reported in your post-deployment health assessment, you could have been struggling with a mental health condition that impacted your behavior. The Board determined, however, that even applying liberal consideration, that an upgrade from GEN to HON is not warranted. The Board found that your misconduct of wrongful use was likely mitigated by your mental health challenges, but that a general (under honorable conditions) characterization of service, which is not an adverse service characterization, appropriately accounts for your circumstances. The Board concluded that the nature of your misconduct of wrongful use, even taking into account your service-connected disability determination, is such that a GEN, vice HON, characterization of service is warranted. The Board found that your record does not contain a material error or injustice that merits corrective action. 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, Executive Director