DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8194-19 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. 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 8 January 2020. 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 Navy and began a period of active duty on 29 June 1981. On 19 November 1982, you received nonjudicial punishment (NJP) for possession of drug abuse paraphernalia and wrongful possession of marijuana. In January 1983, you commenced duty in support of multi­national forces in Beirut, serving onboard the USS ) Flag Ship. On 26 July 1983, you received NJP for a period of unauthorized absence (UA) from 30 June 1983 to 3 July 1983. You again received NJP on 16 November 1983, for a period of UA from 4 to 5 November 1983. On 5 December 1984, you received NJP for 10 hours of UA on 26 November 1984 and 2.5 hours of UA on 3 December 1984. On 19 December 1984, you received a fifth NJP for wrongful use of marijuana. Your record is incomplete and does not contain all of the information pertaining to your administrative separation. Absent of 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. Notwithstanding, message traffic contained in your record reveals that on 10 January 1985, your Commanding Officer forwarded your package to the Separation Authority recommending your separation from the Naval service on the basis of misconduct due to a pattern of misconduct, and due to drug abuse, and further recommended your separation with an other than honorable (OTH) characterization of service. The message indicates that you consulted with counsel, but waived your right to request an Administrative Board. The separation authority approved your administrative separation on 14 January 1985, on the basis of misconduct and on 28 January 1985, you were separated from the Navy by reason of misconduct due to a pattern of misconduct, with an OTH characterization of service. In your application to the Board, you request an upgrade to your OTH discharge. You state that you were advised that you could change your discharge characterization after six months. You ask that the Board take into consideration that a year prior to your discharge from the Navy, you served in two wars in. You state that you tested positive for marijuana, but believe that you experienced undiagnosed Post-Traumatic Stress Disorder (PTSD). You contend that you spent two years in stress and depression, and were addicted to crack, but you have received healing through Christian belief, which has enable you to marry, have four children and maintain several jobs. You request a change to an honorable characterization of service so that you may qualify for Veterans Affairs (VA) benefits. The Board noted that your application for correction raises a potential issue of a mental health condition. In a communication dated 20 September 2019, you were asked to provide additional medical or clinical evidence to support your claim. You did not provide additional evidence, and your case was re-opened and processed for consideration by the Board. As part of the review process, a Licensed Clinical Psychologist reviewed your request and issued an Advisory Opinion (AO) dated 24 November 2020. The AO noted that your in-service records do not contain direct or indirect evidence of a diagnosis of PTSD, or psychological/behavioral changes which may have indicated a mental health condition. Additionally, the AO considered that you did not present evidence to support your claim of suffering from a mental health condition, to include PTSD. The AO concluded that the preponderance of available objective evidence fails to establish you were diagnosed with PTSD, 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 AO 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, the Hagel Memo, and the Kurta Memo. These included, but were not limited to your contention that you served in two wars and were suffering from PTSD that mitigated your in-service misconduct. The Board noted that your service record reflects that you served onboard the USS from 26 January 1983 to 20 May 1983, in support of multi-national forces The Board also considered your statement that you participated in duty in. Even in consideration of your claims of serving in two wars, the Board concurred substantially with the AO and determined that there is insufficient evidence in your service record or in the information you provided to establish that you experienced a trauma or event that resulted in an in-service mental health condition that mitigated your misconduct. The Board found that your five NJPS, to include your last NJP on 19 December 1984 for wrongful use of marijuana, supported your OTH characterization of service on the basis of Misconduct Due to a Pattern of Misconduct. The Board also considered your post-discharge struggles with stress, depression and addiction, as well as your positive achievements of overcoming your challenges to build a family and maintain employment. The Board found, however, that these factors were not sufficient to overcome the five NJPs in your record and to warrant an upgrade as a matter of clemency. The Board determined that your current discharge was issued without 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, 1/24/2021 Executive Director