DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8779-18 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. A three-member panel of the Board, sitting in executive session, considered your application on 24 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the 19 August 2019 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 21 October 1991. On 29 October 1991, you were briefed on the Navy’s policy concerning drug and alcohol abuse. On 14 February 1992, you received nonjudicial punishments (NJP) failure to obey an order. Additionally, you were counseled and warned that further misconduct, could result in administrative discharge action. On 9 April 1993, you received NJP for unauthorized absence (UA). On 22 April 1993, you were advised of your UA deficiency and given a retention warning. On 22 July 1993, you received NJP for failing to obey an order or regulation. On 3 September 1993, you completed a Level III Alcohol Rehabilitation Program. On 6 October 1994, you received NJP for operating a government vehicle while drunk and in a reckless manner. On 7 October 1994, you receive a third retention warning. On 9 November 1994, according to a Drug and Alcohol Report, you were found dependent on alcohol and recommend for separation but not via the Department of Veterans Affairs hospital. On 10 November 1994, you received a fifth NJP for failing to go to your appointed place of duty. On 15 November 1994, a medical evaluation states, you were given a separation physical with the finding of no major medical problems. On 16 November 1994, you were notified of administrative discharge action due to commission of a serious offense, a pattern of misconduct, and alcohol rehabilitation failure. You elected to waive your right to request to have your case heard before an administrative discharge board. On 25 November 1994, your case was forwarded to the separation authority recommending that you be discharged with an other than honorable (OTH) characterization from the Naval Service due to commission of a serious offense, a pattern of misconduct, and alcohol rehabilitation failure. On 5 December 1994, the separation authority directed that you receive and OTH discharge due to a pattern of misconduct. On 7 December 1994, you were discharged from the Navy with an OTH characterization of service. 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 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 Navy mental health professional further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from a mental health condition during your service. The AO noted that the Naval Discharge Review Board reviewed your discharge characterization of service. In their review of the record, they noted that you completed level III alcohol rehabilitation treatment in September 1993, prior to your final two alcohol-related NJPs. In your request for review, you submitted a statement that you were suffering from alcohol use disorder during your military service, for which you received treatment but continued in the behavior following treatment. You stated that you are not able to receive mental health treatment because you were informed that you will be denied parole if you seek mental health treatment. You submitted paperwork that you are currently incarcerated for driving while intoxicate (DWI). It appears that you have two prior periods of incarceration for aggravated assault with a deadly weapon in February 2000 and DWI in October 2014. You also submitted a personal statement that you recently suffered a stroke. No other records were available for review. You submitted no post-service medical documentation of a mental health condition. Apparently, in-service, you were diagnosed with what would be termed alcohol use disorder today. You received treatment, which was not successful. There is no indication of a mental health condition other than alcohol use disorder, and your misconduct potentially could all be attributed to alcohol use disorder. Additional, post-service records describing any additional mental health diagnoses and their specific link to your military misconduct are required to render an alternate opinion. Based on the available information, there is insufficient evidence to attribute your misconduct to a mental health condition other than alcohol use disorder. 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 sent to an alcohol treatment facility while stationed in Norfolk, you were drinking because of stress and depression, you felt this fact was not considered a factor in your irresponsibility at such a young age, and because of it, you were not given help after your discharge, and your addiction, anger, and depression only grew to a point that you lost moral thinking. The Board concluded that these factors and assertions were not sufficient to warrant upgrading the characterization of your discharge given your misconduct, which resulted in five NJPs and multiple counselings warning of the consequences of further misconduct. Further, the Board concurred with the AO’s statement that there is insufficient evidence to attribute your misconduct to a mental health condition other than alcohol use disorder. 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,