Docket No: 69-19 Ref: Signature Date Dear : This is in reference to your application of 29 October 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 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, and applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion (AO) furnished by a Navy mental health professional dated 24 September 2019, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 14 February 1989. On 16 February 1989, you were briefed on the Navy’s policy regarding drug and alcohol abuse. On 8 June 1990, you received non-judicial punishment (NJP) for wrongful use of methamphetamine. On 18 February 1991, you ship was involved in a mine explosion. On 16 January 1992, you received a second NJP for wrongful use of methamphetamine. On 29 January 1992, you were notified of an administrative action to separate you from the naval service for misconduct due to drug abuse. After being afforded your procedural rights, you elected not to have your case heard before an administrative discharge board. On 30 January 1992, your Commanding Officer forwarded your case to the separation authority recommending that you receive an other than honorable (OTH) characterization of service for misconduct due to drug abuse. On 12 February 1992, the separation authority concurred and directed that you receive an OTH characterization of service due to drug abuse. On 18 February 1992, 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 MilitaryBoards 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 ReviewBoards 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 in your pre-enlistment paperwork, you acknowledged prior marijuana use and acknowledged your experience with the mine explosion. The AO also noted that you denied any mental health symptoms in your discharge physical. The AO stated that you have submitted no medical records indicating a diagnosis of PTSD or another mental health condition and that you had one NJP for drug use seven months prior to the mine incident. The AO concluded that it is reasonable that your in-service drug use represents a continuation of pre­service behavior. The AO opined that there is insufficient evidence to attribute your misconduct to a mental health condition suffered during military service. The Board carefully weighed all potentially mitigating factors in your case, including your record of service and your desire to upgrade your discharge. The Board considered your experience when your ship struck a mine that cause serious damage to the ship, two minor casualties to your crewmates, and your injuries. The Board also consider your assertions that you did not know this event would cause any mental conditions at the time, but as life went on, you constantly have intrusive thoughts about that night and have sleepless nights. You state that you started getting into drugs to try to alleviate the pain you were in, and 20 years later you were diagnosed with PTSD from the mine incident you experienced in the Navy. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your misconduct that result in two NJPs for wrongful drug use, and the fact that you received one NJP prior to the mine incident. The Board also concurred with the AO’s statement that there is insufficient evidence to attribute 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.