Docket No:  4447-19 
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 28 July 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 30 July 2020, which was previously provided to you. 
  
You enlisted in the Navy and began a period of active duty on 15 September 1983.  On 17 September 1983, you were briefed on the Navy’s policy regarding drug and alcohol abuse.  During the period from 29 March 1984 to 3 February 1986, your received three nonjudicial punishments (NJPs) for being absent from your appointed place of duty, and two instances of wrongful use of marijuana.  Additionally, you were counseled and warned on two occasions that further misconduct could result in administrative discharge action.  On 4 February 1986, you were notified of administrative discharge action due to drug abuse.  After being afforded your procedural rights, you did not elect your right to request to have your case heard before an administrative discharge board.  On 3 March 1986, your commanding officer forwarded your case to the separation authority stating in part that you were given an opportunity to correct your behavior after your first drug-related incident, and you admitted to smoking marijuana once a month after leaving the Correctional Custody Unit (CCU).  On 6 March 1986, the separation authority directed that you receive an other than honorable (OTH) discharge due to drug abuse.  On 11 March 1986, 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 regarding your assertion you were suffering from PTSD during your service.  The mental health professional opined that there is insufficient evidence you incurred PTSD, or any other mental health condition as a result of your military service, and there is insufficient evidence that your in-service misconduct could be attributed to any post-discharge mental health condition. 
 
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 surfer from medical conditions, which did not exist before you entered the Navy and these medical conditions are likely a result of events which occurred while serving in the Navy.  The conditions you state are anxiety, depression, bipolar disorder, psychosis/schizophrenia, sleep apnea, herniated/bulging discs in your lower back, and possibly undiagnosed PTSD.  You added that you periodically smoked marijuana while in the Navy to help you deal with the physical and emotional problems at that time, and the cause for your conditions were sexual harassment while on temporary additional duty to the galley while deployed, receiving a Red Cross Telegram about the death of your grandmother while deployed, the frequency and loudness of aircraft landing directly above your berthing space, and a bicycle accident along with physical demands of work as an Aviation Electrician’s Mate.  The Board concluded these factors and assertions were not sufficient to warrant re-characterization of your discharge given your misconduct, which resulted in three NJPs, two of which were for wrongful drug use, the fact that you were briefed on the Navy’s policy regarding drug and alcohol abuse, you were warned on more than one occasion of the consequences of further misconduct, and your statement of your continued drug use after your second NJP and leaving the CCU.  Further, the Board concurred with the AO in that there is insufficient evidence that your in-service misconduct could be attributed to any post-discharge 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,