Docket No: 603-18 May 14 2019 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 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 25 February 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. In addition, the Board considered the enclosed 28 August 2018 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 7 February 1983. You were made aware of Navy’s policy regarding drug testing, and signed a “Waiver Certificate of Awareness” after failing to disclose your pre-service drug abuse. During the period from 21 March 1984 to 28 March 1985, you received three nonjudicial punishments (NJPs) encompassing your subsequent failure to go to your appointed place of duty, disobeying a lawful order, sleeping on post, wrongful use of marijuana, communicating a threat, failure to obey an order, and failure to obey a regulation. Your record indicates that you twice self-admitted to Medical Center for alcohol detoxification, and were hospitalized for a total of 49 days. A medical note from this period states that you, aged 19 at the time, admitted to using alcohol for the past five years. Your command commenced processing you for administrative separation after your third NJP. After being afforded all of your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board. On 10 June 1985, as part of your administrative discharge processing, a substance abuse report states that you showed no potential for further service. On 29 July 1985, the separation authority directed that you receive an other than honorable (OTH) discharge. You received your OTH discharge on 20 August 1985. 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 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 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” memorandum of 25 August 2017. A Navy mental health professional reviewed your request and provided the Board with an AO regarding your assertion that you suffered from a mental health condition during your service. The AO noted that a thorough review of your entire service record indicates a certain alcohol dependence, with probable polysubstance abuse, which likely contributed to your poor judgement and reduced impulse control. It further noted that you spent numerous days in rehabilitation and it was common then, as it is today, to address mental health concerns while in treatment for substance abuse. The AO opined that it is very likely that you were offered substantial counseling and treatment for both substance abuse and any mental health concerns that you had verbalized. The AO further opined that had you been able to maintain sobriety, and avoid continued substance abuse and misconduct, you “may have been allowed to continue treatment and possibly stay in the Navy, or be recommended for a medical board.” The AO found that your record does not indicate behaviors associated with a mental health disorder, aside from polysubstance abuse. Accordingly, the AO determined that your behavior was more likely caused by personality characteristics which include violation of rules, poor judgement, poor impulse control, and immaturity. The AO further determined that your misconduct cannot be attributed to a mental disorder at this time. 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 you were having problems mentally, that your command was aware of your problems, and that instead of helping you, they subjected you to ridicule and shame. Similarly, the Board also considered your assertions that you could not endure further ridicule and, when offered the choice between a transfer to another unit or administrative discharge, you chose discharge. The Board concluded these factors were insufficient to warrant recharacterization of your discharge given that you signed an entry waiver for failing to disclose your pre-service drug use, and then subsequently committed misconduct which resulted in three NJPs, one of which was for wrongful drug use. The Board also concurred with the AO’s statement that your misconduct cannot be attributed to a mental disorder at this time. 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 submission of new matters.  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. Sincerely, Executive Director