Docket No: 11072-18 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. A three-member panel of the Board, sitting in executive session, considered your application on 28 April 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 9 September 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 13 September 1982. On 6 October 1987, a Report of Urine Sample reported that you tested positive for marijuana use. On 21 October 1987, medical personnel evaluated you and determined you were not psychologically or physically dependent on alcohol or marijuana. On 5 November 1987, you were notified of administrative discharge action by reason of misconduct due to drug abuse. You did not object to the separation and waived your right to have your case heard before an administrative discharge board. In December 1987, your commanding officer notified the separation authority that you were separated from the Navy with a general discharge on 4 December 1987. 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. Unfortunately, you have provided no medical records indicating that you have a mental health diagnosis. Additional records, such as your post-service treatment records describing your mental health condition and its specific link to your misconduct are required to render a comprehensive opinion. 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 and desire to upgrade your discharge. The Board also considered your assertions that in 1985, you were diagnosed with HIV/Aids and thought that you had been given a death sentence. At that time, there were no support groups of any kind for mental health help or life sustaining medications. So, to cope, you used marijuana and tested positive. Additionally, the Board considered your assertions that your diagnosis was used against you to get rid of you because everyone was horrified by anyone testing positive for HIV, and you made a mistake and are aware that using marijuana at that time was not the right choice. The Board concluded these factors and assertions were not sufficient to warrant upgrading the characterization of your service or changing the narrative reason for your separation given your misconduct of wrongful drug use. Further, the Board concurred with the AO that there is insufficient evidence to attribute your misconduct 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.