DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 542-19 Ref: Signature Date Dear : This is in reference to your application of 5 December 2018 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 that 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 5 May 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 Navy mental health professional dated 13 September 2019, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 16 December 1987. You were briefed on the Navy’s policy regarding drug and alcohol abuse. On 7 January 1993, you received non-judicial punishment (NJP) for two periods of unauthorized absence, dereliction of duty, and wrongful use of cocaine. Additionally, you were informed of, and declined, your right to request inpatient treatment at the Department of Veterans Affairs (VA) hospital. On 20 January 1993, your case was, forwarded to the separation authority with the recommendation that you be separated from the Navy with an other than honorable (OTH) discharge. On 17 February 1993, the separation authority directed that you be separated from the Navy due to drug abuse. On 13 March 1993, you were so discharged. 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 mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from PTSD during your service. The AO noted that your reported prior marijuana use in your pre-enlistment paperwork. In January 1992, you were diagnosed with cocaine dependence, reporting cocaine use for one year, and you declined recommended inpatient treatment for your disorder. The AO noted that you denied any mental health symptoms on your discharge physical. The AO further noted that you submitted a personal statement, but that that no other records were available for review, including no medical documentation of a mental health diagnosis. In-service, you were diagnosed with cocaine dependence. The AO concluded that there is insufficient evidence that your misconduct should be attributed to a mental health condition suffered during your military service, aside from a substance use disorder. The Board carefully weighed all potentially mitigating factors in your case, including your record of service and desire to upgrade your discharge. The Board also considered your assertions that you were present for the explosion on the USS that killed 47 people. That you were responsible for carrying the deceased bodies from the explosion area to a freezer. Additionally, that you never used any mind-altering substances before that day, but when you went home your nerves were shot and someone offered you cocaine, you tried it, and it took the edge off your anxiety, so you continued using it. You now seek an upgrade based on your unblemished record before the incident. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your misconduct, which resulted in your NJP that include wrongful drug use. The Board concurred with the AO’s statement that there is insufficient evidence that your misconduct should be attributed to a mental health condition suffered during your military service, aside from a substance use disorder. 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, 5/29/2020