DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8094-18 Ref: Signature Date This is in reference to your application of 24 September 2018 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 10 February 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, and applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion (AO) furnished by a mental health professional dated 16 August 2019, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 29 July 1991. Upon entry you were briefed on the Navy’s policy concerning drug and alcohol abuse. During the period from 10 October 1991 to 16 June 1992, you received four non-judicial punishments (NJPs) for two instances of failing to go to your appointed place of duty, failure to obey a general regulation, 28 days of unauthorized absence, and wrongful use of cocaine. Additionally, you were counseled and warned after your second NJP, that further misconduct could result in administrative discharge action. On 4 May 1992, you were notified of an administrative action to separate you from the naval service for misconduct due to drug abuse and a pattern of misconduct. It appears that after being afforded your procedural rights, you waived your right to present your case before an administrative discharge board. On 19 May 1992, your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) characterization of service. On 17 June 1992, the separation authority directed that you receive an OTH characterization of service due to a pattern of misconduct. On 6 July 1992, you were so discharged. 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 mental health professional reviewed your request for correction of your record and provided the Board with an AO regarding your assertion that you were suffering from PTSD during your service. The AO noted, that in March 1992, your command referred you for an evaluation for symptoms of “despondency.” You were diagnosed with a history of substance abuse without physical dependency. The AO also noted that in your current request for review, you submitted a statement that you incurred PTSD from your deployment in Desert Storm. No other records were available for review. You have provided no medical records that diagnose PTSD or another mental health condition. The AO stated that additional, post-service records describing your mental health symptoms, diagnosis, and specific link to military misconduct are required to render a comprehensive opinion. The AO opined that there is insufficient evidence to attribute your misconduct to PTSD or a mental health condition incurred during military service. The Board carefully weighed all potentially mitigating factors in your case, including your record of service, and desire to upgrade your discharge. The Board also consider your assertions that you believe your characterization of service should change due to having symptoms of PTSD after returning from the Gulf War/Desert Storm, and that your mental health was not good after your return. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your four NJPs, one of which was for wrongful drug use, and the fact that you were warned of the consequences of further misconduct after your second NJP. Further, the Board concurred with the AO’s statement that there is insufficient evidence to attribute your misconduct to PTSD or 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. Sincerely, 3/6/2020