Docket No: 3567-19 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. A three-member panel of the Board, 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 19 June 2020, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 2 July 1987. On 4 July 1987, you were briefed on the Navy’s policy regarding drug and alcohol abuse. On 13 July 1987, you were identified, through urinalysis testing to be a drug abuser. On 8 March 1988, you received nonjudicial punishment (NJP) for four days of unauthorized absence (UA). Additionally, you were counseled and regarding your pattern of misconduct, and warned that further misconduct could result in administrative discharge action. During the period from 5 October 1988 to 6 May 1989, you received NJP three times for periods of UA, dereliction of duty, three specifications of being absent from your appointed place of duty, two specifications of dereliction of duty, and sleeping on watch. On 30 December 1991, you were convicted by summary court-martial of two specifications of UA totaling 25 days, and two specifications of wrongful use of cocaine. On 4 February 1992, you were notified of administrative discharge action for commission of a serious offense, drug abuse, and a pattern of misconduct. After being afforded your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board. On 3 March 1992, your case was forwarded to the separation authority with a recommendation that you receive an other than honorable (OTH) discharge due to misconduct. On 6 March 1992, the separation authority directed that you receive an OTH discharge due to a pattern of misconduct. On 19 March 1992, 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 Post-traumatic stress disorder (PTSD) during your military service. Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014 and the "Clarifying Guidance to Military Discharge Review Board 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" memorandum of 25 August 2017. A qualified mental health professional further reviewed your request for correction to your record and provided the Board with an AO. The mental health professional reviewed your contentions in conjunction with your medical records in order to evaluate your assertion you were suffering from a mental health condition. Based on the available evidence, it is was opined that there is sufficient evidence that you most likely developed PTSD as a result of your military service and that this mental health condition likely 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 believe your record is in error because you were suffering with PTSD, which was the cause of your pattern of misconduct you displayed during the time. You were very young and embarrassed to admit something was wrong. Although the Board concurred with the AO in that there is sufficient evidence that you most likely developed PTSD as a result of your military service, and that this mental health condition likely mitigated your misconduct, the Board concluded these factors and assertions were not sufficient to warrant the re-characterization of your discharge given your misconduct that included your wrongful drug use, coupled with the fact that you had pre-service drug use. 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,