Docket No: 6510-19 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. A three-member panel of the BCNR, sitting in executive session, considered your application on 23 November 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 21 October 2020, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 6 January 1991. On 16 September 1992, you received nonjudicial punishment (NJP) for unauthorized absence (UA), and two specifications of disobeying a lawful order. On 30 April 1993, medical personnel diagnosed you with Alcohol Dependence in Remission. On 20 August 1993, you received NJP for two specifications of UA totaling 22 days, missing movement, and wrongful use of cocaine. On 24 August 1993, you were notified of administrative discharge action for misconduct due to drug abuse and commission of a serious offense. After being afforded your procedural rights, you elected to waive your right to request to have your case heard before an administrative discharge board. On 27 August 1993, your case was forwarded to the separation authority, with the recommendation that you be separated from the Navy for misconduct due to drug abuse and commission of a serious offense. It was stated, in part, that your failure to adhere to the Navy’s zero tolerance policy with respect to drug abuse, and rules and regulations in regards to UA showed you had no potential for further service. On 14 September 1993, the separation authority directed that you be separated from the Navy with an other than honorable (OTH) discharge due to drug abuse. On 15 September 1993, you were discharged from the Navy with an OTH characterization of 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 reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you was suffering from a mental health condition during your service. As reflected in the AO noted, the metnal health professional opined that there is no evidence linking your reported PTSD to your military service or to your misconduct, and based on the available evidence, the preponderance of available objective evidence fails to establish you suffered from PTSD at the time of your military service, or your in-service misconduct could be attributed to PTSD or other mental health conditions. The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to upgrade your discharge. The Board also considered all of your assertions and contentions, including but not limited to that you suffered from PTSD, became an alcoholic while in-service, had not received adequate treatment for your alcoholism and since your discharge, you have had a difficult time finding gainful employment. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your misconduct, which resulted in two NJPs for serious offenses. With regard to your assertion that you had not received adequate treatment for your alcoholism, the Board found that on 25 August 1993, you declined treatment for drug/alcohol dependency prior to discharge via the Department of Veteran’s Affairs. Further, the Board concurred with the AO’s statement that based on the available evidence, the preponderance of available objective evidence fails to establish you suffered from PTSD at the time of your military service, or your in-service misconduct could be attributed to PTSD or other mental health conditions. In reviewing your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018). Accordingly, the Board considered and acknowledged your positive contributions to the Navy. However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 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, 1/13/2021 Executive Director