DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 675-19 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. A three-member panel of the Board, sitting in executive session, considered your application on 26 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the 25 October 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 30 March 2006. On 18 January 2008, you received nonjudicial punishment (NJP) for wrongful use of cocaine. Subsequently, you were notified of administrative discharge action due to drug abuse. On 30 January 2008, the separation authority directed that you be discharged from the Navy with an other than honorable (OTH) characterization of service due to drug abuse. Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged from the Navy on 15 February 2008, 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 (MHP) further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from a mental health condition during your military service. The MHP concluded that the evidence supports your request, due to a preponderance of objective supportive evidence that you incurred a significant lower back injury during your military service that resulted in chronic lower back and leg pain. Though there was no evidence presented of clinical signs or subjective complaints indicating PTSD during your military service (including your separation physical and discharge Report of Medical Assessment), multiple psychological evaluations post-service consistently indicated a PTSD diagnosis from a traumatic incident incurred during your military service. Though there is no indication that any provider during your military service found you unfit for service, the combination of a chronic painful medical condition and an undiagnosed psychological condition could reasonably lead to poor decision-making including inappropriate attempts at self-medication. Therefore, it was opined that there is sufficient evidence of both a physical and mental health condition arising during your military service to reasonably attribute your misconduct to a combination of PTSD and chronic lower back pain. 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, while on active duty, you were physically assaulted when you were put in fear of harmful and offensive touching when another servicemember pulled a knife on you, you injured your back when you fell down the steps during a deployment, your Article 31 rights were violated, and your chain of command dispensed incorrect legal advice that resulted in a forced signing of OTH discharge paperwork. Additionally, the Board considered that your shipmates made you very uncomfortable, and you feared for your life. After the knife incident, everything changed, you were constantly looking over your back; felt scared; could not sleep; and you did not go to your chain of command because they were neglecting your medical treatment, tellingyou “no” to all of your requests. You have since learned that you have PTSD. The Board also considered a letter from your mother stating that you have not been the same since your discharge. Your original service record was incomplete and did not contain all of the documentation pertaining to your separation from the Navy. The Board noted that you provided insufficient evidence to support your contentions. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. The Board, in its consideration of all of the available evidence, discerned no probable material error or injustice in your discharge and concluded that the mitigating factors and your assertions were not sufficient to warrant an upgrade in the characterization of your service or a change to your separation authority, reenlistment code, or narrative reason for separation given your misconduct, which resulted in NJP for wrongful cocaine use. 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. 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,