DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1169-19 Ref: Signature Date Dear This is in reference to your application 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. A three-member panel of the Board, sitting in executive session, considered your application on 2 June 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 19 November 2019, which was previously provided to you. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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 and began a period of active duty on 11 March 1981. On 1 October 1982, you received nonjudicial punishment (NJP) for failing to go to your appointed place of duty. Additionally, you were, counseled and warned, that further misconduct, could be grounds for administrative discharge action. On 15 January 1993, you received NJP for possession of cocaine. On 17 March 1983, a Substance Abuse Report stated that you exhibited no potential for further military service. On 25 March 1983, you were, notified of an administrative discharge action for misconduct due to drug abuse. After being afforded your procedural rights, you waived your right to present your case to an administrative discharge board. On 4 April 1983, your case was forwarded to the separation authority, with the recommendation that you receive a general discharge. However, on 21 April 1983, the separation authority directed that you be discharged with an other than honorable (OTH) characterization of service for misconduct due to drug abuse. On 4 May 1983, you received NJP for drinking alcohol onboard ship, and stealing three quarts of alcohol, Kodak film and two distress light markers, the property of the military Navy. On 24 May 1983, you were discharged from the Navy with an OTH characterization of service. You request an upgrade of your characterization of service on the basis that you suffered from a mental health condition during your military service. 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 further reviewed your request for correction of your record and provided the Board with an AO regarding your assertion you were suffering from a mental health condition. The AO noted that you underwent a Discharge Physical Examination on 6 May 1983, you denied experiencing any clinical symptoms indicating any psychological condition, and you were determined to be qualified for enlistment. The AO noted that a review of available service medical records fails to reveal any entries indicating you suffered from depression, anxiety, or other psychological conditions during your military service. Additionally, the AO noted that there were no clinical records, indicating you presented for evaluation for alcohol use disorders or referral for treatment. The AO opined that there is insufficient evidence of a mental health condition attributable to your military service and insufficient evidence to attribute your misconduct to a mental health condition. The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to upgrade your discharge. The Board also considered your assertions that when you enlisted, you were offered anything you wanted due to high ASVAB scores. You expressed frustration for not getting to go to Electrician Technician “A” school, but instead ended up in for almost 18 months. You contend that your alcoholism raged, and your only drug involvement was some minor marijuana use along with heavy alcohol use. You contend that your alcoholism led you to make poor decisions including the acceptance of “misappropriated” property that caused your Captain’s Mast. You contend that you requested treatment for alcoholism, and every time was denied. You contend that it has been over 26 years since your last drink, you have gained skills valuable to the market, and you have owned and operated your own business for more than 10 years. The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your misconduct, which resulted in two NJPs, one of which was for drug abuse. Further, the Board concurred with the AO’s statement that there is insufficient evidence to attribute your misconduct to a mental health condition. 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, 7/16/2020