Docket No: 7323-19 Ref: Signature Date Dear : This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 8 January 2021. The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). In addition, the Board considered the advisory opinion (AO) furnished by a qualified mental health professional dated 30 October 2020, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 3 December 1979. On 27 April 1981, you received nonjudicial punishment (NJP) for breach of peace. On 30 May 1983, you began a period of unauthorized absence (UA) that ended on 8 August 1983, when you were found guilty of possessing hashish in violation of law. You were sentenced to 18 months forced labor, which was suspended for three years. On 22 August 1983, you received NJP for 70 days of UA. On 24 August 1983, administrative discharge action was initiated to discharge you for misconduct due to your civil conviction. After being afforded your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board. On 26 August 1983, your case was forwarded to the separation authority with the recommendation that you receive an other than honorable discharge for misconduct due to your civil conviction by authorities. On 31 August 1983, you were, evaluated and found not drug dependent. On 9 September 1983, the separation authority directed that you receive an other than honorable (OTH) discharge. On 12 September 1983, a Substance Abuse Report considered you unfit for future Naval service. On 16 September 1983, 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 Post-Traumatic Stress Disorder (PTSD) during your service. The AO noted, that despite purportedly carrying a post-discharge diagnosis of PTSD, the preponderance of available objective evidence does not support the contention that you suffered from 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 considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to, the character letter you provided, Transitional living letter stating were in compliance with rules and regulations, completion of over two years of community service with a local church letter, and Proof of enrollment in a Recovery Program stating you engaged in on-going mental health treatment. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your repeated misconduct, as evidenced by your two NJPs, and civil conviction by civil foreign authorities for wrongful drug possession outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that 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,