Docket No: 6650-19 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 30 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 22 October 2020, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 14 September 1989. On 11 March 1992, you received nonjudicial punishment (NJP) for wrongful use of marijuana. Additionally, administrative discharge action was initiated to separate you from the Navy for misconduct due to drug abuse. After being afforded your procedural rights, you elected to waive your right to request to have your case heard by an administrative discharge board. On 26 March 1992, your case was forwarded to the separation authority (SA) recommending your separation with an other than honorable (OTH) characterization of service due to drug abuse. On 27 March 1992, medical staff found you not to be dependent on drugs. On 24 April 1992, the SA approved and directed your separation from the Navy with an OTH characterization of service. On 13 April 1992, you were separated. 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. The AO noted that the available evidence fails to establish that you suffered from Post-Traumatic Stress Disorder (PTSD) at the time of your military service, or that 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 your assertions that you were under terrible stress and depression after suffering from PTSD from being hazed and placed on suicide watch; you were not capable of dealing with what you now know to be PTSD; your contention that your medical records document your depression around the time of your misconduct; and your contention that you were too young to understand all the emotions and pain you were dealing with. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your misconduct, which resulted in NJP for wrongful drug use. Further, the Board concurred with the AO in that the preponderance of available objective evidence fails to establish you suffered from a mental health condition at the time of your military service, or that your in-service misconduct could be attributed to a mental health condition. The Board also reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo). The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records (BCM/NRs) “in determining whether relief is warranted on the basis of equity, injustice, or clemency.” The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief. However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 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,