DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1635-19 Ref: Signature Date Dear Mr. : 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 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, and applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion (AO) furnished by a mental health professional dated 18 December 2019, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 10 February 1988. On 12 February 1988, you were briefed on the Navy’s policy concerning drug and alcohol abuse. On 24 February 1988, you were identified, through urinalysis testing, to be a drug abuser. On 25 August 1988, you received NJP for two specifications of wrongful marijuana, and use of cocaine. On 19 September 1988, administrative discharge action was initiated to separate you from the Navy due to drug abuse. After being afforded your procedural rights, you waived your right to request to have your case heard before an administrative discharge board. On 28 September 1988, your case was forwarded to the separation authority stating, in part, that you were identified as a drug abuser during recruit training, which made it your second offense in seven months, and had no potential for further service. It was recommended that you receive an other than honorable (OTH) discharge due to drug abuse. On 22 October 1988, the separation authority concurred and directed that you receive an OTH discharge due to drug abuse. On 3 November 1988, you were discharged from the Navy due to drug abuse 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 in your enlistment paperwork, you admitted to pre-enlistment marijuana and “speed” use, but denied any mental health history. The AO also noted that on your pre-separation physical examination, you denied any psychological or mental health symptoms or conditions. The AO’s review of the available in-service medical records revealed a 16 September 1988, Drug Abuse Evaluation Report in which the medical officer did not find you drug or alcohol dependent, and recommended outpatient counseling through the Veteran’s Administration (VA) or civilian institution once discharged from the service. The AO noted that there were no other personnel or medical records indicating an in-service mental health condition and that existing records from the VA were not accessible. The AO reviewed the letters you submitted letters dated 25 July 2018 and 3 December 2018, from a Psychiatrist with Yuma Regional Specialty Clinics, stating you had been a patient with their clinic since 25 January 2016, and was “receiving medical treatment for different medical conditions and diagnoses, including and not limited to Bipolar Disorder, Chronic Pain, Panic Disorder, Borderline Personality Disorder, and Agoraphobia.” The AO noted that you have submitted minimal and incomplete information that you have a diagnosed mental health conditions or that your mental health conditions existed at the time of your military service. The AO concluded that based on the available evidence, 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, Psychiatrist letters, and desire to upgrade your discharge. The Board also considered your assertions that your mental health conditions were greatly aggravated during your time in the Navy, that during your time in the Navy, you self-medicated with marijuana to calm the disorders, and resulted in your discharge. The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your misconduct, which resulted in your NJP for wrongful drug use, and the fact that you were briefed on the Navy’s policy concerning drug and alcohol abuse. Further, the Board concurred with the AO’s statement 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, 9/17/2020 Executive Director