DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10506-19 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 28 March 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, and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 7 January 2021, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 22 May 1987. On 26 May 1987, you were briefed on the Navy’s policy regarding drug and alcohol abuse. On 3 June 1987, you were identified through urinalysis testing to be a drug abuser. You were then placed in a drug urinalysis surveillance program and where you were subjected to testing on a regular basis during the remainder of your assignment not to exceed 180 days from your date of entry onto active duty. On 4 June 1987, a Drug and Alcohol Abuse Report revealed that had tested positive through screening accession into recruit training. On 31 January 1988, you received nonjudicial punishment (NJP) for failing to go to your appointed place of duty, and wrongful appropriation of currency. On 6 March 1988, you were counseled regarding violation of the Uniform Code of Military Justice. On 12 March 1988, you received NJP for disobeying a lawful order and three specifications of failing to go to your appointed place of duty. On 4 May 1988, you were convicted by summary court-martial (SCM) of two periods of unauthorized absence. On 14 May 1988, you were notified of administrative discharge action due to a pattern of misconduct. After being afforded your procedural rights, you elected to have your case heard before an administrative discharge board (ADB). The ADB found that you committed misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense, and recommended your discharge with an other than honorable characterization of service. On 13 June 1988, your case was forwarded to the separation authority concurring with the ADB’s findings and recommendation. On 12 August 1988, the separation authority approved and directed your discharge accordingly. On 19 August 1988, you were so discharged. A qualified mental health professional 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 there is insufficient evidence of a mental health condition at the time of your enlistment attributable to your military service that may have mitigated your misconduct. 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 statement that you originally hurt your knee doing loads for “Operation Praying Mantis,” and your assertion that statements were made in your defense at the time of your captain’s mast. Additionally, the Board considered your statement that you are remorseful for your poor choices you made as a young man that have had a long lasting effect on your life, and that it hurts that you let your country down. However, based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct, as evidenced by your two NJPs, SCM, and drug use, outweighed these mitigating factors. Additionally, the Board concurred with the AO in that there is insufficient evidence of a mental health condition at the time of your enlistment attributable to your military service that may have mitigated your misconduct. Accordingly, given the totality of the circumstances, the Board determined that 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, Executive Director