Docket No: 10734-18                           
Signature date 

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 that 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 3 October 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, available portions of your naval record, applicable statutes, regulations, and policies, and a 27 August 2019 advisory opinion (AO) from a navy mental health provider. 
 
You enlisted in the Navy and began a period of active duty on 20 June 1994.  On 6 January 1997 you received nonjudicial punishment (NJP) for wrongful use of cocaine.  Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to drug abuse.  You were advised of and waived your procedural rights, including your rights to consult with or be represented by military counsel, and you right to request that your case be heard by an administrative discharge board (ADB).  Your commanding officer “strongly” recommended that you be discharged with an other than honorable (OTH) characterization of service.  The discharge authority approved this recommendation and directed that you be discharged by reason of misconduct due to drug abuse with an OTH characterization of service.  On 1 April 1997, you were so discharged. 
 
Your request for an upgrade to your characterization of service was reviewed in consideration of your contention that you served in Southwest Asia and suffer from post-traumatic stress disorder (PTSD) symptoms.  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 Board’s review, a Navy mental health provider reviewed your request and provided the Board with an AO.  The AO noted that you did not submit medical records reflecting your mental health diagnosis and that there is insufficient evidence to attribute your misconduct to a mental health condition.  On 4 June 2019, the Board wrote you requesting additional medical or clinical evidence from you in support of your claim, and received no response.  The AO was provided to you on 27 August 2019, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors in your case, and considered your contention that you served in Southwest Asia and suffer from PTSD symptoms.  However, the Board, noting that you did not provide any details regarding your contentions or supporting evidence, concurred with the AO and found that there was insufficient evidence to determine that you have been diagnosed with a mental health condition.  Even under the liberal consideration standard, the Board found no probable material error or injustice in your discharge and OTH characterization of 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.