Docket No: 3669-19 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 Board, sitting in executive session, considered your application on 14 September 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 22 June 2020, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 18 May 1987. On 19 May 1987, you were briefed on the Navy’s policy regarding drug and alcohol abuse. On 22 April 1991, you reenlisted in the Navy after serving over three years of honorable service. On 17 September 1992, you received nonjudicial punishment (NJP) for failure to obey an order or regulation, and drunk and reckless driving. On 28 September 1992, you were notified of administrative discharge action by reason of misconduct due to commission of a serious offense. At that time, you objected to the separation and requested to have your case heard before an administrative discharge board (ADB). However, on 9 October 1992, it appears you elected to waive your right to have your case heard before an ADB, when you requested Voluntary Administrative Leave, including leave without pay, pending the completion of your administrative separation process. On 19 October 1992, your case was forwarded to the separation authority recommending that you receive an other than honorable (OTH) discharge. On 16 December 1992, the separation authority directed that you receive an OTH discharge due to commission of a serious offense. On 29 December 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 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. 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. However, based on the available evidence, the AO concluded that there is insufficient evidence to support the existence of an in-service mental health condition to which your misconduct could be attributed. The Board carefully weighed all potentially mitigating factors, such as your prior honorable service, and desire to upgrade your discharge. The Board also considered your assertions that you were back from Desert Storm, had reenlisted, your wife filed for divorce and took your daughter away from you, and you dove into the beer bottle and became an alcoholic to cope with life. Additionally, you found out from the Veterans Administration medical hospital that you have Post-Traumatic Stress Disorder (PTSD), which may have contributed to your drinking, and you have been through recovery and have been sober for three years. The Board concluded these factors and assertions were not sufficient to warrant re-characterization of your discharge given your misconduct, which resulted in an NJP for commission of a serious offense. Further, the Board concurred with the AO in that there is insufficient evidence of PTSD, or other mental health conditions, 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,