Docket No: 8985-18 Ref: Signature Date Dear : This is in reference to your application of 24 August 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 29 January 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, and an updated AO dated 24 October 2019, which is enclosed. You enlisted in the Navy and began a period of active duty on 17 February 1982. On 19 May 1984, you received non-judicial punishment (NJP) for wrongful use of marijuana. On 26 May 1984, you were notified that you were being administratively discharge from the Navy due to drug abuse. After being afforded your procedural rights, you elected to waive your right to present your case to an administrative discharge board. On 13 June 1984, your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) discharge due to drug abuse. On 12 July 1984, the separation authority directed that you be separated from the Navy with an OTH characterization of service. On 30 July 1984, 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 to your record and provided the Board with an AO regarding your assertion that you was suffering from a mental health condition during your service. The AO noted, that in your discharge physical, you did not report any mental health symptoms. No other records were available for review. Unfortunately, you provided no medical records that diagnosed PTSD or another mental health condition. The AO concluded that based on the available evidence, there is insufficient evidence to attribute your misconduct to a mental health condition incurred during military service. You were provided this AO and subsequently provided additional medical information. On 24 October 2019, an updated AO was prepared. The AO notes that you submitted mental health treatment records from the Department of Corrections covering the period from 20 June 2011 to 10 April 2019, citing treatment for initial diagnoses of Unspecified Depressive Disorder, NOS and Antisocial Personality Disorder with supportive psychotherapy and psychotropic medication (Prozac and Vistaril). In March 2017, your diagnoses was revised to Dysthymia and Dissocial Personality Disorder, and treatment notes revealed ongoing episodic mental health “monitoring,” but discontinuation of medications. Other than a single mention of completing a PTSD Group in an note, there is no medical record of a history, diagnosis, or treatment of Post-Traumatic Stress Disorder (PTSD). The AO notes that there were no documented clinical signs or subjective complaints indicative of PTSD. Additionally, you did not indicate you were experiencing any physical or mental symptoms or conditions during medical appointments or during your discharge physical. The AO concluded that your post-service medical records listing your mental health diagnoses and treatment, fails to establish a link between your diagnoses and your military misconduct, nor a history or diagnosis of PTSD. 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 considered your assertions that your record is unjust because your active duty service removed you from your family, friends and others of whom you were familiar. You were young, and lonely, and had never been separated from them. Your duties were strenuous, you were tasked with things that made it hard to cope and you sought refuge in the easiest substances obtainable. Additionally, you assert that your achievements were not taken into consideration. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your misconduct, which resulted in NJP for wrongful drug use. Further, the Board concurred with the AO’s statement that there is insufficient evidence to attribute your misconduct to 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.