Docket No: 10127-19 Ref: Signature Date Dear : This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although you did not file your application in a timely manner, the statute of limitation was waived in accordance with the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo). A three-member panel of the Board, sitting in executive session, considered your application on 19 February 2021. The names and votes of the panel members 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, to include the Kurta Memo, the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). The Board also considered an advisory opinion (AO) from a qualified mental health professional dated 7 January 2021 and your rebuttal statement received on 9 February 2021. You enlisted in the Navy on 30 October 1995. On 14 February 1996, you received nonjudicial punishment (NJP) for incapacitation for duty as a result of previous overindulgence of intoxicating liquor. On 14 March 1996, you received a second NJP for drunk and disorderly conduct. On 11 April 1997, you received a third NJP for being drunk on duty and two unauthorized absences (UA) from 30 January 1997 to 2 February 1997 and 7 March 1997 to 6 April 1997. On 6 May 1997, you received a fourth NJP for wrongful use of cocaine and making a false official statement. Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct, commission of a serious offense, drug abuse, and drug rehabilitation failure. After you waived your procedural right to request an Administrative Board and submitted a personal statement, your commanding officer recommended discharge by reason of misconduct with an other than honorable (OTH) characterization of service. The discharge authority concurred with the recommendation and directed discharge with an OTH characterization of service by reason of misconduct due to pattern of misconduct. On 23 May 1997, you were discharged with an OTH characterization of service. As part of the Board’s review, a qualified mental health professional reviewed your request and provided the Board with an AO on 7 January 2021. The AO states your in-service personnel and medical records documented diagnosis and treatment for alcohol dependence and the existence of cocaine use, but there was no evidence you exhibited any other mental health symptoms or conditions during military service. The AO further notes you submitted evidence of a post-discharge diagnoses of major depression and alcohol use disorder but the evaluating mental health provider did not attribute your post-discharge diagnosis of depression to your military service or opine a link to your misconduct. Based on the available evidence, the AO concluded there is insufficient objective evidence you suffered from any mental health condition, other than substance use disorders, at the time of your enlistment attributable to your military service that may have mitigated your misconduct. The AO was provided to you on 8 January 2021. Your rebuttal statement to the AO was received on 9 February 2021 and presented to the Board for consideration. The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you suffered from depression prior to enlisting in the Navy and your service exacerbated your depression. Specifically, you contend you were diagnosed as a teenager with depression and were prescribed medication. Once you started feeling better, you state that you stopped taking the prescription medication and “subsequently forgot this occurred.” You further contend you were “in the midst of depression during [your] service which exacerbated said depression,” and it was unjust “that no one noticed that [you were] fighting depression” and that you were discharged with an OTH characterization due to a mental health issue. The Board also considered your explanation that you have “no way to get the diagnosis from when [you were] a teenager.” Unfortunately, even under the liberal consideration standard, the Board discerned no procedural defect, impropriety, or inequity in your discharge. The Board further noted you did not submit any advocacy letters or post-service documents to be considered for clemency purposes. Even applying liberal consideration, the Board determined there was insufficient evidence of an error or injustice that warrants an upgrade to your characterization of service. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to, your contentions discussed above and your desire to upgrade your discharge. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined your serious misconduct outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined your request does not merit relief. You are entitled to have the Board reconsider its decision upon 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,