Docket No:  3703-19 
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 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 23 June 2020, which was previously provided to you. 
  
You enlisted in the Navy and began a period of active duty on 10 August 1981.  On 15 December 1981, you received nonjudicial punishment (NJP) for failing to report the possession and or use of a controlled substance by another sailor.  Additionally you were, counseled and warned that further misconduct could result in administrative discharge action.  On 19 March 1982, you received NJP for failing to obey an order, resisting apprehension, and indecent exposure.  On 6 May 1983, the Counseling and Assistance Center counseled you on the legal ramifications of continued abuse, but you were not open to counseling at the time.  You were recommended for further counseling programs.  On 21 June 1983, you were convicted by summary court-martial (SCM) of the using disrespectful language and disorderly conduct.  On 8 July 1983, you were the subject of a medical evaluation for possible alcohol/drug abuse and for determining your physical condition.  You were found to be alcohol dependent and required rehabilitation.  On 18 November 1983, you received NJP for being incapacitated for duty and for wrongful use of amphetamines/methamphetamines.  Additionally, you were, counseled and warned that further misconduct could result in administrative discharge action.  On 29 November 1983, you were notified of administrative discharge action due to drug abuse.  After being afforded your procedural rights, you elected to have your case heard before an administrative discharge board (ADB).  On 14 February 1984, you received NJP for operating a vehicle in a reckless manner.  On 6 March 1984, an ADB found that you had committed misconduct due to drug abuse and recommended you be separated from the Navy with an other than honorable (OTH) discharge.  On 5 April 1984, your case was forwarded to the separation authority recommending you receive an OTH discharge due to drug abuse.  On 17 April 1984, the separation authority directed that you receive an OTH discharge due to drug abuse.  On 20 April 1984, you acknowledged your right to request in-patient treatment via the Department of Veterans Affairs hospital.  On 27 April 1984, 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, and since your discharge, you worked tirelessly to improve not only your own life, but the lives of everyone in your community through volunteer work and exceptional service at the  Veterans Affairs hospital.  The Board also considered your assertions that your service in the Navy aggravated your predisposition to substance abuse and childhood trauma, leading you to self-medication with drugs and alcohol.  
 
The Board ultimately concluded these factors and assertions were not sufficient to warrant re-characterization of your discharge or changing the narrative reason for your discharge.  The Board noted your misconduct, which resulted in a several NJPs, one of which was for wrongful drug use, a SCM conviction, numerous counseling’s, and the fact that you were warned on more than one occasion of the consequences of further misconduct.  Further, the Board concurred with the AO in that, there is insufficient evidence that your misconduct could be attributed to a mental health condition. 
 
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,