DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4478-18 Ref: 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 22 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, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies, and the relevant 10 May 2019 Advisory Opinion (AO). You enlisted in the Navy and began a period of active duty on 24 January 1985. In May 1985, you were formally counseled for fraudulent enlistment for failing to disclose a pre-service arrest for counterfeiting currency. On 28 June 1985, you signed an acknowledgement of understanding of the Navy’s “Zero-Tolerance policy” on the wrongful use of controlled substances. On 24 March 1987, you received nonjudicial punishment (NJP) for being absent without authorization (UA) from your appointed place of duty. On 6 June 1988, you received NJP for wrongful use of a controlled substance. Message Traffic dated 21 July 1988, indicates that you were found not to be drug dependent and that you waived your right to appear before an administrative separation board. During your separation physical, you denied mental health concerns and were found “fit for full duty,” and “responsible for [your] actions.” On 22 July 1988, you were discharged from the Navy on the basis of “misconduct-drug abuse,” and received an other than honorable (OTH) 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 and state that you did not deliberately or willfully ingest THC. You state you were found guilty solely on a urinalysis administered onboard the ship during your second cruise. You note your youth at the time of your enlistment, as well as your great pride in coming from a military family. You also make a claim that you believe you were suffering from a form of post-traumatic stress disorder (PTSD) during your military service. You state that in May 1988, while in with the Navy, you witnessed a horrific accident at sea. You state a tugboat line snapped and hit one of the crew members, killing him. A few days later, while on shore, you state you narrowly avoided being the victim of a terrorist bombing at a currency exchange that killed six shipmates. You state that a few days later, you and approximately 20 other sailors tested positive during a urinalysis. You contend that you do not remember smoking any cannabis and that you “stupidly accepted” the verdict at Captain’s Mast. And you state that, in trying to get employment with Veterans Affairs, you are hindered by the OTC characterization of your 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,” of 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 licensed clinical psychologist reviewed your assertions and the available records, and issued an AO dated 10 May 2019. The AO noted that you make two statements regarding traumatic events during your military service, but concludes that, at this time, there is insufficient evidence to establish that you were suffering from PTSD at the time of your service, or that your misconduct should be attributed to PTSD. On 9 April 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 13 May 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 and noted your indication that you were suffering from mental health conditions that impacted your ability to comply with military standards. The Board took into account the conclusions of the AO and considered that your record does not contain information indicating an in-service traumatic occurrence. The Board determined that, based on the information in your service record, the evidence you provided, and the conclusions of the AO, that there is insufficient evidence to mitigate your misconduct. Under the totality of the circumstances, the Board determined that your NJPs and wrongful use of a controlled substance supported the issuance of your 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.