DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1572-19 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 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 23 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the 18 December 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 1 April 1982. On 26 August 1982, you received nonjudicial punishment (NJP) for disobedience of a lawful order and improper wearing of your uniform. On 3 October 1983, you received NJP for an unauthorized absence (UA). On 1 June 1985, you were arrested for promoting detrimental and dangerous drugs. On 22 July 1985, you received NJP for communicating indecent language. On 30 October 1985, you completed the 36-hour Navy Alcohol and Drug Safety Action Program. On 14 April 1986, you received NJP for disobeying a lawful order. On 8 May 1986, you were convicted by civil authorities of contempt of court. On 14 November 1986, you received NJP for failure to go to your appointed place of duty. On 5 February 1987, you were counseled and warned concerning your failure to contribute adequate support to your dependents and the need for you to improve your work habits and overall performance. On 23 February 1987, you were counseled concerning your involvement with the possession of a weapon. You were warned that further deficiencies in your conduct or behavior could result in administrative discharge action. On 19 March 1987, you were notified of administrative discharge for a pattern of misconduct, a pattern of failing to pay just debts, and a pattern of failing to contribute adequate support for your dependents. After being afforded your procedural rights, you elected to waive your right to request to have your case heard before an administrative discharge board. However, you did elect to submit a statement on your behalf. The OIC forwarded your case to the separation authority due to your pattern of misconduct, failure to pay just debt, and failure to contribute adequate support to your dependents. On 6 April 1987, the separation authority informed your officer-in-charge (OIC) that you did not qualify for separation, and that the separation authority was delegated to the special court-martial convening authority only. On 17 April 1987, the separation authority informed your OIC that he did not concur with the recommendation that you receive a general discharge, and that they were not bound by a conditional waiver if the offenses would normally result in a discharge under other than honorable conditions. On 11 August 1987, you received NJP for wrongful use of cocaine and larceny of gasoline. On 31 August 1987, you were convicted by special court-martial of UA and disrespect. You were sentenced to a forfeiture of pay, a reduction in paygrade, and a bad conduct discharge (BCD). You received your BCD on 6 February 1989. You contend that an upgrade is warranted as you had five years honorable service before developing substance abuse and anxiety due to your rating as a mineman. You further claimed that had you received substance abuse treatment prior to receiving captain’s mast, you would not have been “victimized by an officer’s overreaction to a minor offense,” which resulted in your SPCM and BCD. You claim to have suffered with PTSD, Bipolar, and substance abuse disorder for many years. 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 Navy mental health professional further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion you were suffering from PTSD and bipolar disorder during your service. The AO noted that there were no available in-service medical records, nor VA medical records for review. You provided no additional medical records or evidence and have submitted no information that you had a clinical diagnosis of any mental health conditions incurred during your military service as rendered by a licensed clinical practitioner. The AO concluded that there is insufficient evidence of a mental health condition attributable to your military service that may have mitigated your misconduct. The Board carefully weighed all potentially mitigating factors, such as your record of service and your desire to upgrade your discharge. The Board also considered your assertions that after five years of honorable service, you developed a substance abuse addiction as a result of anxiety and maladjustment to the rigorous demands of your rating. You failed a urinalysis test, and rather than being allowed treatment, you received nonjudicial punishment and an other than honorable discharge, and had you been given the needed substance abuse treatment, you would not have been restricted and victimized by an officer’s over reaction to a minor offense. Further, you have suffered for many years with PTSD, bipolar disorder, and substance abuse disorder. The Board concluded these factors and assertions were not sufficient to warrant the recharacterization of your discharge given your in-service misconduct, which resulted in a SPCM conviction and six NJPs, one of which was after you were notified of administrative discharge action and involved wrongful drug use. Further, the Board concurred with the AO that there is insufficient evidence of a mental health condition attributable to your military service that may have mitigated your misconduct. 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,