Docket No: 4891-19
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. 
 
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 2 October 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 19 August 2020. 
 
You enlisted in the Navy on 29 February 1996.  On 10 April 1997, you received nonjudicial punishment (NJP) for an unauthorized absence from 27 March 1997 to 10 April 1997, wrongful use of a controlled substance, wrongful appropriation of a private vehicle, and uttering worthless checks by dishonorably failing to maintain funds.  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 4 June 1997, 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 addiction.  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.” 
 
As part of the Board’s review, a qualified mental health professional reviewed your request and provided the Board with an advisory opinion (AO) on 19 August 2020. The AO stated you do not have a PTSD diagnosis and have not submitted evidence describing specific in-service trauma that would meet diagnostic criteria for PTSD or showing you exhibited mental health symptoms or conditions, other than substance abuse, during your military service.  The AO noted you also have not submitted evidence of post-discharge mental health conditions as rendered by a mental health practitioner.  Based on the available evidence, the AO concluded there is insufficient evidence you incurred PTSD from your military service or that your misconduct can be attributed to PTSD.  The AO was provided to you on 19 August 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 you suffered from PTSD and addiction but were not given an option for treatment unlike many others you witnessed receiving treatment for alcoholism and addiction.  You further contend the chaplain stated you were treated harshly and unfairly at your NJP.  Lastly, you contend you “should have been given treatment or a general discharge.”  The Board noted you did not provide a personal statement or any supporting documentation with your submission or when requested by the Board in its letter of 21 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,