DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490                                                                                            
   
Docket No: 10600-19 
                      
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 10 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, 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 determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy on 24 March 1992.  On 8 September 1994, you received non-judicial punishments (NJP) for wrongful use of amphetamine/methamphetamine and marijuana.  Subsequently, you were notified of administrative separation by reason of misconduct due to drug abuse.  After you waived your rights, your commanding officer (CO) forwarded your case to the separation authority and recommended your discharge with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  The separation authority approved the recommendation and on 24 November 1994, you were so discharged.   
 
As part of the Board’s review, an AO dated 6 March 2020 was provided for the Board’s consideration.  The AO stated in part that your in-service records do not contain direct evidence of a diagnosis of PTSD or psychological/behavioral changes specifically diagnosable as PTSD.  The AO concluded by opining that although you have a post-discharge diagnosis of PTSD, the preponderance of available objective evidence fails to establish you were diagnosed with PTSD, suffered from PTSD at the time of your military service, or your in-service misconduct could be attributed to PTSD or other mental health conditions. 
 
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 post-service Mental Health Condition diagnosis, your desire to upgrade your discharge, and contention that your suffer from PTSD.  However, based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board found no nexus between PTSD and your misconduct.  The Board also concurred with the AO’s statement that there was insufficient evidence to support your contention that you had service-connected PTSD/Mental Health Condition that contributed to your misconduct.  Even under the liberal consideration standard, the Board found that the seriousness of your misconduct, as evidenced by your NJP and violations of the Navy’s Zero Tolerance drug policy, outweighed these mitigating factors.  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,