DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1675-19 Ref: Signature date Dear : This is in reference to your application of 20 January 2019 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 13 February 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, relevant portions of your naval record, and applicable statutes, regulations and policies. The Board also considered an advisory opinion (AO) from a mental health professional of 20 December 2019. You enlisted in the Navy and began a period of active duty on 29 June 2000. On 17 January 2001, you received non-judicial punishment (NJP) for larceny. On 15 February 2001, you received a second NJP for conspiracy to purchase ecstasy. Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct due to drug abuse, commission of a serious offense, and pattern of misconduct. After you waived all your procedural rights, your commanding officer recommended that you be separated with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse, commission of a serious offense, and pattern of misconduct. The discharge authority concurred with the recommendation and directed an OTH characterization of service by reason of misconduct due to pattern of misconduct. On 1 May 2001, you were so discharged. Your request for a change to your characterization of service was reviewed in consideration of your contention that you suffered from “extreme emotional stress” during 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.” As part of the Board’s review, a mental health professional reviewed your request and provided the Board with an AO on 20 December 2019. The AO noted you did not submit any evidence of a clinical diagnosis of any mental health conditions. The AO concluded there is insufficient evidence of a mental health condition attributable to your military service that may have mitigated your misconduct. The AO was provided to you on 8 January 2020, and you were given 30 days in which to submit a response. When you did not respond within 30 days, your case was submitted to the Board for review. The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention you were under “extreme emotional stress” during the time of your misconduct because you had learned the man who raised you was not your biological father. You further contend that you went “through a few years of an emotional spiral” but have since “healed and turned myself around.” The Board, however, concurred with the AO and determined there is insufficient evidence to support a finding that a mental health condition contributed to or mitigated your misconduct. Even under the liberal consideration standard, the Board discerned no material error or injustice in your discharge. 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.