Docket No:  2739-19 
Ref: Signature Date 
 
MR 
 

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 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 28 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 17 April 2020, which was previously provided to you. 
  
You enlisted in the Navy and began a period of active duty on 5 March 1981.  On 19 August 1982, you received nonjudicial punishment (NJP) for use and possession of marijuana.  On 6 December 1982 and 10 November 1983, you were counseled concerning your misconduct and unauthorized absence.  On 1 and 16 December 1983, you received NJP for attempting to defraud a urinalysis program, and wrongful use of a controlled substance.  On 3 January 1994, administrative discharge action was initiated to separate you from the Navy for misconduct due to drug abuse.  On 20 January 1984, your case was forwarded to the separation authority recommending that you be discharged from the Navy due to drug abuse.  On 25 January 1984, the separation authority concurred and directed that you be discharged from the Navy.  On 27 January 1984, 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 pre-military recruiting records documented multiple incidents of contact with law enforcement and courts for vehicular offenses and possession of marijuana.  Most incidents resolved with court fines and costs paid, but the marijuana possession resulted in a fine and five days incarceration.  A pre-service drug abuse waiver was determined not required for enlistment.  In your enlistment physical examination, you admitted using marijuana before entering the service, but denied any history of mental health conditions and described your health as “good.”  
 
On your Separation Physical Examination, you stated that you were in good health and denied any mental health symptoms or conditions.  Your in-service medical record contained an undated consultation request from the ship’s medical officer to the Counseling and Assistance Center (CAAC) for a medical evaluation for drug abuse after you were caught “switching urine samples for the drug screening program” and had admitted to a ten-year history of regular marijuana use and heavy alcohol use. The ship medical officer diagnosed you with “chronic drug use-long term psychological dependence.”  
 
On 2 November 1982, you were evaluated by the medical officer at CAAC and denied any drug use but admitted to ongoing “heavy alcohol use.” The CAAC medical officer opined that you were a “significant user of marijuana and alcohol” despite denials.  He stated CAAC referral for treatment at the time would be of little help. The remainder of your in-service medical record contained routine sick call entries but no evidence of mental health symptoms or conditions.  You provided excerpts from your service records and a newspaper clipping that detailed an incident where you suffered head injuries after falling off the bumper of a milk truck when you were six years old.  You did not provide additional clinical records or evidence related to your petition.  Your in-service medical and service records did not contain any evidence of mental health symptoms or conditions other than possible alcohol and drug abuse.  You submitted no evidence of post-discharge mental health symptoms or conditions.  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. Therefore, based on the available evidence, it was opined that 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 that you were caught with marijuana because you were self-medicating for pre-existing mental health conditions that are now beginning to be understood by you.  The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your misconduct, which resulted in three NJPs, and the fact that you were warned of the consequences of further misconduct on more than one occasion.  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,