Docket No: 3520-18 

Ref: Signature Date 

Dear 

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. 

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 
8 July 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, relevant portions of your naval record, 
applicable statutes, regulations, and policies, as well as the 10 May 2019 advisory opinion (AO). 

You enlisted in the Navy on  October 1971. On  April 1972, you were advised that you 
were assigned a mark of 2.8 in military behavior due to knowingly ignoring the Navy’s 
regulations regarding the illegal use of drugs. You were subsequently processed for separation 
for the good of the service. You were discharged from the Navy on 18 May 1972, and received a 
general characterization of service. 

In your petition to the Board, you request an upgrade to your characterization of service in part because you were suffering from depression while in service. You noted that you were forced to wear wet clothing in the winter during recruit training and, as a result, developed a severe case of bronchitis. You explained that, when cold medicine stopped working, you turned to other means to treat your illness. After being sent to for further education, you stated you became 
depressed and ventured further into the drug culture there. You stated that, when you were 
offered a way out of the service, you accepted it not fully realizing the ramifications that your general discharge characterization would have later in life, and you now regret that decision. 

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 Board 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 licensed clinical psychologist reviewed your assertions and the 
available records, and provided the Board with an AO on 10 May 2019. The AO noted your 
application did not contain medical records reflecting a diagnosis of a mental health condition. 
The AO concluded there is insufficient evidence to attribute your misconduct to a mental health 
condition, and that records describing your condition and its specific link to your in-service 
misconduct are required to render an alternate opinion. The AO was mailed to you on 
10 May 2019, 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 depression at the time of your misconduct and that you self-medicated. The 
Board took into account your assertions, but noted that your record does not contain information 
indicating a mental health condition that could have impacted your in-service conduct. The 
Board, like the AO, determined that there is insufficient evidence to attribute your misconduct to a mental health condition. The Board found no material error or injustice in your circumstance because you were properly processed for separation and your general characterization of service is supported by your overall trait average in 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.