Docket No: 2601-19 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 BCNR, sitting in executive session, considered your application on 20 July 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 qualified mental health professional dated 18 March 2020, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 15 June 1988. On 20 June 1988, you were briefed on the Navy’s policy concerning drug and alcohol abuse. On 19 November 1989, you began a period of unauthorized absence (UA) that lasted 83 days, ending on 10 February 1990. On 13 March 1990, you received nonjudicial punishment (NJP) for 83 days of UA, missing movement, possession of marijuana and cocaine, and wrongful use of cocaine. Administrative discharge action was initiated due to drug abuse and commission of a serious offense. Your case was forwarded to the separation authority, and on 22 March 1990, it was directed that you be discharged from the Navy due to drug abuse. On 30 March 1990, you were discharged from the Navy with an other than honorable 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 qualified 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 that in your enlistment physical examination, you reported one instance of marijuana use prior to service but denied any other history of mental health conditions. On 13 March 1990, during your administrative separation, you were evaluated for possible drug dependency by the command surgeon. The medical officer reported you used marijuana and cocaine occasionally in past, but denied regular use or need for it. The diagnostic impression was “doubt dependence” and you were found “fit for separation” with no recommendations for follow-up treatment or consultation. On your Separation Physical Examination, you stated you were in good health and denied any mental health symptoms or conditions. You were found medically qualified for separation without any consultations or further follow up noted. The remainder of your in-service clinical and personnel records failed to reveal any evidence of in-service mental health symptoms or conditions. You did not provide additional clinical records or evidence related to your petition. Unfortunately, you have not submitted any information detailing a clinical diagnosis of any mental health condition as rendered by a mental health practitioner. Additional information, such as medical records containing a diagnosis of a mental health condition associated with your military service and linked to your military misconduct is required to render an alternate opinion. Should you choose to submit additional clinical information, it will be reviewed in the context of your claims. However, at this time, 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 desire to upgrade your discharge. The Board also considered your assertions of undiagnosed mental trauma you were was dealing with as a result of the death of your older sister, noting that your sister was your primary caregiver, as your mother was bound to a wheelchair from the time you were two years old. The Board also noted that your sister passed, and soon after, you left on a med cruise, and that due to your sister’s role in your life, you had insufficient time to properly grieve, which caused you to suffer emotionally and mentally. The stress and trauma, along with your immaturity at 18 years of age, led to abuse of alcohol and drugs, and that you deeply regret the decisions you made at that time in your life, but were able to rebound and turn your life around as a young adult. 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 possession and use of drugs. 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 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,