Docket No:  3505-19 
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.     
  
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 BCNR, sitting in executive session, considered your application on 31 August 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 28 May 2020, which was previously provided to you. 
  
You enlisted in the Navy and began a period of active duty on 21 July 1989.  On 24 July 1989, you were briefed on the Navy’s policy regarding drug and alcohol abuse.  On 29 January 1990, you were convicted by summary court-martial (SCM) of two periods of unauthorized absence (UA) totaling 18 days, wrongfully possessing alcoholic beverages, larceny of a motor vehicle and breaking restriction.  On 10 April 1990, you received nonjudicial punishment (NJP) for wrongful use of cocaine, six periods of UA, dereliction of duty, assault, disrespect and impersonating a petty officer.  On 11 April 1990, administrative discharge action was initiated to separate you from the Navy due to your undisclosed pre-service civil involvement, in-service drug abuse, and commission of a serious offense.  After being afforded your procedural rights, your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) discharge.  On 16 April 1990, 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 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.  As indicated in the AO, the mental health professional opined 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 desire to upgrade your discharge.  The Board also considered your assertions that you were under stress from the death of a parent, your wife of 15 years had just left you, and during your time in the Navy, you needed medical and substance abuse help.  The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given the misconduct detailed in your record, which resulted in a SCM conviction and NJP.  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,