Docket No: 66-19 Ref: Signature Date 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 28 April 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the 9 September 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 1 May 1985. On 6 May 1985, you were briefed on the Navy’s policy regarding drug and alcohol abuse. You served without incident and reenlisted in the Navy on 14 January 1991, after serving four years of honorable service. On 13 April 1992, you received nonjudicial punishment (NJP) for two periods of unauthorized absence (UA) totaling 20 days and missing ships movement. Additionally, you were counseled and warned that further misconduct could result in administrative discharge action. On 21 November 1992, you received NJP for wrongful use of cocaine. On 22 November 1992, you were notified of administrative discharge action due to commission of a serious offense and drug abuse. You waived your right to request a hearing before an administrative discharge board. On 23 November 1992, medical personnel found you not to be dependent on drugs. Your case was forwarded to the separation authority and on 11 December 1992, it was directed that you be discharged with an other than honorable (OTH) characterization of service for misconduct due to commission of a serious offense. On 30 December 1992, 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 Navy 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 a mental health condition during your service. The AO noted that during your military service you were diagnosed with a mental health condition, specifically, an adjustment disorder. As you had four years of honorable service prior to your last enlistment, there is supporting evidence in your service record of a change in behavior that could be consistent with developing the adjustment disorder in-service. It is possible to attribute your UA and missing ship’s movement to an adjustment disorder. However, it is more difficult to attribute cocaine use to your adjustment disorder. Additional, post-service records indicating your mental health symptoms and the specific link to your military misconduct are required to render an alternate opinion. Should you choose to submit additional records, they will be reviewed in the context of your claims. Based on the available evidence, there is insufficient evidence to attribute all of your misconduct to a mental health condition suffered during military service. 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 take responsibility for your actions during that time, you were under stress, having difficulty readjusting to Navy life and being separated from your children, and that your prior service record would attest to your true service. The Board concluded these factors and assertions were not sufficient to warrant an upgrade in the characterization of your service given your misconduct that resulted in two NJPs, one of which was for wrongful drug use. Further, the Board concurred with the AO that there is insufficient evidence to attribute all of your misconduct to a mental health condition suffered during military 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.