DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7982-19 Ref: Signature Date Dear Mr.: 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. 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 21 December 2000. 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 Kurta Memo, the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). You enlisted in the Marine Corps and served honorably from 2 February 1978 to 29 June 1981. You reenlisted in the Marine Corps on 30 June 1981. On 29 November 1981, you received nonjudicial punishment (NJP) for violating Article 134 (use of marijuana). On 20 January 1984, you were found guilty at a second NJP for violating Article 134 (use of amphetamines, methamphetamines, and marijuana). On 28 January 1984, you were notified of administrative separation proceedings against you on the basis of drug abuse. You waived your right to appear before an administrative separation board. On 8 March 1984, the staff judge advocate found your case sufficient in law and fact. You were discharged from the Marine Corps on 9 March 1984, on the basis of misconduct due to drug abuse, and received an other than honorable discharge and a reentry (RE) code of RE-4. You petitioned the Naval Discharge Review Board (NDRB) for a review of the propriety and equity of the discharge. You did not identify a specific decisional issue in your petition to NDRB. On 8 March 1985, the NDRB determined your discharge was proper as issued. In your application to the Board, you request an upgrade to your other than honorable discharge characterization so that you may get mental and medical health attention through Veterans Affairs (VA). You state that at the time of your second enlistment, you were self-medicating with marijuana because of your arthritis and mental problems. You state that you would deal with pain and anxiety and would smoke marijuana to alleviate that pain and anxiety. The Board noted that your application for correction raises a potential issue of a mental health condition. In a communication dated 6 November 2019, you were asked to provide additional medical or clinical evidence to support your claim. When you did not provide additional evidence, your case was re-opened and processed for consideration by the Board. As part of the review process, a Physician Advisor reviewed your request and issued an Advisory Opinion dated 16 November 2020. The Advisory Opinion noted that in-service records do not contain evidence of psychological or behavioral changes that may have indicated a mental health disorder, other than substance abuse. The Advisory Opinion noted that you did not submit any evidence of a post-discharge mental health condition as rendered by a mental health practitioner. The Advisory Opinion concluded that based on the available evidence, there is insufficient evidence of a mental health condition attributable to your military service that may have mitigated your misconduct. The Advisory Opinion was provided to you, and you were given 30 days in which to submit a response. When you did not provide a response within the 30-day timeframe, your case was submitted to the Board for consideration. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case including in accordance with the Wilkie Memo, then Hagel Memo, and the Kurta Memo. These included, but were not limited to your contention that you were self-medicating with marijuana because of arthritis and mental problems, and that you would like to receive medical care at the VA. The Board reviewed your available records and the information you submitted with your application, and concurred substantively with the conclusions of the Advisory Opinion. The Board found that there is insufficient evidence to support a finding that you suffered from a mental health conditions that mitigated your in-service misconduct. The Board concluded that your two NJPs supported the other than honorable discharge you received on the basis of drug abuse. The Board found that your current discharge does not reflect an error or injustice, and does not merit corrective action. 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, 1/14/2021 Executive Director