DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5120-18 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. A three-member panel of the Board, sitting in executive session, considered your application on 26 August 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the 14 May 2019 advisory opinion (AO), which was previously provided to you and to which no rebuttal was received. You enlisted in the Navy and began a period of active duty on 23 December 1985. On 31 December 1985, you were briefed on the Navy’s policy regarding drug and alcohol abuse. During the period from 19 February 1987 to 9 July 1988, you received nonjudicial punishment (NJP) three times for disrespectful language and deportment, wrongful possession of marijuana, and wrongful use of marijuana. Subsequently, on 14 July 1988, administrative discharge action was initiated to separate you from the Navy due to a pattern of misconduct, commission of a serious offense and drug abuse. On 15 July 1988, medical personnel evaluated you and identified you as a drug abuser. After being afforded your procedural rights, your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) discharge. On 23 July 1988, the separation authority directed that you receive and OTH discharge for a pattern of misconduct. You received your OTH discharge on 1 August 1988. A qualified Navy mental health professional further reviewed your request for correction to your record and provided the Board with the 14 May 2019 AO regarding your assertion you were suffering from PTSD during your service. The AO noted, in part, that you submitted a personal statement denying using marijuana and stating that you were disciplined for hosting an off-duty party with loud music. You stated that you incurred PTSD from a number of traumatic events during your military service, including a trainee death while you were at Search and Rescue School, which resulted in closure of the school for a period of time, learning that your best friend from home was murdered while you were away in training, and taking emergency leave after your father suffered a heart attack. You added that you spoke with your father before he went into a coma and subsequently died. You submitted an additional statement that you were the helmsman of an aircraft carrier when it was under attack by rockets and your steady steering resulted in the ship’s ability to successfully defend itself, while another ship in the group was struck by rockets, resulting in casualties. Your submitted a medical bill listing treatment and medications, and lab records from 1999, checking levels of functioning secondary to a prescription of Lithium, a medication typically prescribed for bipolar disorder. You also submitted letters of support from community figures attesting to your reliability and character. No other records were available for review. You have submitted no medical records noting a diagnosis of PTSD or any mental health condition. You submitted records that indicate that you have been receiving treatment for a mental health condition since approximately 1996, eight years following your military service. In-service, you were evaluated and determined to be not substance dependent, no mental health condition was diagnosed while you were in service, and there was insufficient information to attribute your misconduct to PTSD or a mental health condition incurred during your service. The Board carefully weighed all potentially mitigating factors, such as your record of service, request to upgrade your discharge and assertions that you remember being at an apartment when the police arrived because the music was loud. You told someone to answer the door, and the police took everyone that lived on the base back to the ship, and that everyone was given a urinalysis test and yours was negative. The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your three NJP’s, two of which involved drug abuse. Further, the Board concurred with the AO’s statement that there is insufficient information to attribute your misconduct to PTSD or a mental health condition incurred during your 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. 9/19/2019 Executive Director