DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1149-19 Ref: Signature Date This is in reference to your application of 26 December 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 16 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, available portions of your naval record, applicable statutes, regulations, and policies, and an advisory opinion (AO) from a mental health provider dated 18 November 2019. You enlisted in the Navy and began a period of active duty on 28 March 1991. You served without disciplinary incident until 23 April 1995 when you received non-judicial punishment for wrongful use of marijuana. Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct due to drug abuse. After you waived your rights, your commanding officer recommended that you be discharged with an other than honorable (OTH) characterization of service. The discharge authority approved this recommendation and directed that you be discharged by reason of misconduct due to drug abuse with an OTH characterization of service. On 7 August 1995, you were so discharged. Your request for an upgrade to your characterization of service was reviewed in consideration of your contention that your use of marijuana and your abuse of alcohol was “an attempt to self-medicate for my mental health condition.” 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.” As part of the Board’s review, a Navy mental health provider reviewed your request and provided the Board with an AO dated 18 November 2019. The AO noted you did not submit any medical evidence of a diagnosed mental health condition or linkage between a mental health condition and misconduct. The AO determined there was insufficient evidence of a mental health condition during your military service to attribute your misconduct to a mental health condition. The AO was provided to you on 18 November 2019, and you were given 30 days in which to submit a response. When you did not provide a response, your case was submitted to the Board for consideration. The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention you received an OTH, after “over four years of exemplary service”, due to a “single offense”. Specifically, the Board considered your contention that you self-reported your marijuana use to your division officer because you felt guilty. The Board also considered your contention that you had never failed a drug test and your use, as well as your abuse of alcohol, was “an attempt to self-medicate”. The Board, substantially concurring with the AO, determined there was insufficient evidence of an in-service mental health condition and concluded you were appropriately discharged with an OTH characterization of 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. Sincerely, 2/11/2020