DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2456-19 Ref: Signature date Dear This is in reference to your application of 21 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 27 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 11 September 2019. You enlisted in the Navy on 31 October 1996 after disclosing you had been convicted of one drug abuse offense and one alcohol-related offense. On 1 May 1998, you received non-judicial punishment (NJP) for wrongful use of marijuana; your NJP appeal was denied. Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct due to drug abuse. You elected to present your case to an administrative discharge board (ADB). During your ADB you contended that you had been at a party where people were smoking marijuana for five or six hours and you had inhaled second hand smoke. On 29 June 1998, the ADB determined the preponderance of the evidence supported a finding of misconduct and recommended that you be separated from the Navy with an other than honorable (OTH) characterization of service. Your commanding officer concurred with the ADB’s recommendation. After review by the staff judge advocate, the discharge authority approved this recommendation and directed that you be discharged by reason of misconduct due to drug abuse with an OTH characterization of service. On 15 September 1998, you were so discharged. Your request for a change to your characterization of service was reviewed in consideration of your contention you suffered from Post-Traumatic Stress Disorder (PTSD). 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, “ClarifyingGuidance 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 11 September 2019. The AO noted that the evidence did not support your request. Specifically, the AO stated there were no clinical signs or subjective complaints indicating PTSD nor did you indicate you were experiencing any physical or mental symptoms or conditions following the reported suicide, during your separation physical, or on your discharge Report of Medical Assessment. The AO concluded there was insufficient evidence of PTSD or other mental health conditions during your military service to attribute your misconduct to PTSD or any other medical or psychological condition. The AO was provided to you on 16 September 2019, 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 in your case, and considered your contention that you didn’t receive the proper counseling or medical treatment followingyour friend and shipmate’s suicide. TheBoard concurred with the AO’s determination that there was insufficient evidence in the record, and noted that you submitted none, to attribute your drug abuse to PTSD or any other mental health condition. The Board determined that additional post-service records describing your mental health diagnosis and its specific link to your military misconduct were required. In the end, the Board determined that there was insufficient 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,