Docket No: 3697-19 
Ref: Signature Date 
 
MS
 
 
Dear Ms.  
 
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 Board, sitting in executive session, considered your application on 21 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, applicable statutes, regulations and policies, as well as an advisory opinion (AO) from a qualified mental health professional dated 6 June 2020. 
 
You enlisted in the Navy on 29 November 2000.  On 23 July 2001, you received nonjudicial punishment (NJP) for a seven-day unauthorized absence and wrongful use of marijuana.  Your record also reflects you received a second NJP on 2 August 2001 but does not indicate the misconduct that led to the NJP.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  After you waived your procedural rights, your commanding officer recommended discharge by reason of misconduct due to drug abuse with an other than honorable (OTH) characterization of service.  The discharge authority concurred with the recommendation and directed discharge with an OTH characterization of service by reason of misconduct due to drug abuse.  On 29 August 2001, you were discharged with an OTH characterization of service.   
 
Your request for a change to your characterization of service was reviewed in consideration of your contention you suffer from Post-Traumatic Stress Disorder (PTSD) and depression.  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,” of 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.” 
 
As part of the Board’s review, a qualified mental health professional reviewed your request and provided the Board with an AO on 6 June 2020. The AO noted that your in-service records do not indicate the existence of mental health symptoms/conditions nor did you submit any evidence describing in-service trauma or any mental health symptoms/conditions during military service.  Further, you did not submit any documentation regarding a post-discharge mental health condition as rendered by a mental health practitioner.  Based on the available evidence, the AO concluded there is insufficient evidence of PTSD or other mental health conditions attributable to your military service that may have mitigated your misconduct.  The AO was provided to you on 8 June 2020, and you were given 30 days in which to submit a response.  When you did not respond within 30 days, your case was submitted to the Board for review.   
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were “mentally, physically, and sexually abused” during military service and suffer from PTSD and depression.  The Board noted that you did not provide a personal statement or any supporting documentation with your submission or when requested by the Board in its letter of 1 August 2019.  The Board concurred with the AO’s determination there was insufficient evidence of PTSD or any other mental health condition attributable to your military service that may have mitigated your misconduct.  In the end, the Board determined there was insufficient evidence to establish an error or injustice that warrants an upgrade to your characterization of service.   
 
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 the 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,