DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1843-19 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 30 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 6 January 2020 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 8 October 1985. On 9 October 1985, you were briefed on the Navy’s policy concerning drug and alcohol abuse. During the period from 21 August 1986 to 14 July 1988, you received three nonjudicial punishments (NJPs) for absence from your appointed place of duty, three days of unauthorized absence, and two specifications of leaving your appointed place of duty. Additionally, you were counseled and warned on two occasions that further misconduct could result in administrative discharge action. Apparently, after being forced by your parents, you self-referred for a drug and alcohol evaluation on 18 July 1988. Your command took no disciplinary action against you. On 8 September 1988, you received NJP for two specifications of leaving your appointed place of duty, and you were diagnosed as being psychologically dependent on drugs. On 9 September 1988, you were notified of administrative discharge action for misconduct due to drug abuse and a pattern of misconduct. On 26 September 1988, your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) discharge. On 24 October 1988, the separation authority directed that you receive an OTH discharge due to a pattern of misconduct and offered in-patient drug treatment via the Veterans Administration. On 4 November 1988, 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 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 a mental health condition. The AO noted you were evaluated for drug abuse for marijuana, cocaine, and methamphetamines. On 19 July 1988, you were medically diagnosed with drug dependency and recommended for administrative separation. Unfortunately, you have submitted no information that you have a clinical diagnosis of any mental health conditions as rendered by a mental health practitioner, other than drug dependence. 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 and your desire to upgrade your discharge. The Board also considered your assertions that while in the Navy, your roommate introduced you to illegal drugs that quickly became habit forming; you believe the Navy should have offered you the opportunity to complete treatment while continuing to serve in the Navy; you were only 21 years old at the time of your separation; the Navy discovered your addiction solely as a result of you seeking assistance; since leaving the Navy, you have been diagnosed with multiple mental health issues, which may have impacted your decision making at the time; you successfully completed your treatment via the VA; and you fully acknowledge that your behavior was wrong and take responsibility for your actions. The Board concluded these factors and assertions were not sufficient to warrant an upgrade in the characterization of your discharge given your misconduct, which resulted in four NJPs, despite you being counseled and warned on two occasions of the consequences of further misconduct. 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.