DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 846-19 Ref: Signature Date 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. A three-member panel of the Board, sitting in executive session, considered your application on 19 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 28 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 7 November 1990. On 8 November 1990, you were briefed on the Navy’s policy regarding drug and alcohol abuse. On 10 March 1991, you acknowledged the Navy’s Drug and Alcohol abuse Statement of Understanding. On 5 May 1991, you began a period of unauthorized absence (UA) that lasted 58 days, ending on 2 July 1981. On 3 July 1991, you were seen by medical personnel for stating that you were in fear of returning to your ship, and that you want out of the Navy. You were diagnosed with a personality disorder, not otherwise specified with borderline avoidant and dependent features. You were recommended for administrative discharge action. On 4 July 1991, you were admitted to the hospital for cocaine and alcohol abuse. The exam revealed no suicidal or homicidal ideations and no evidence of psychosis or depression. You were diagnosed with alcohol dependence, cocaine abuse, and a personality disorder with borderline and immature features. You were found fit for full duty. Your history of two suicide attempts and cocaine abuse indicated that you were not suitable for further service. On 17 July 1991, you requested a psychiatric evaluation, threatening to harm yourself if forced to go to sea. You expressed a desire to stay ashore pending administrative discharge. You were diagnosed with substance abuse, personality disorder, and suicidal ideation. Additionally, you were notified of administrative discharge action for misconduct due to commission of a serious offense, drug abuse, and convenience of the government due to a personality disorder. After being afforded your procedural rights, you elected to waive your right to request that your case be heard by an administrative discharge board. On 18 July 1991, you received nonjudicial punishment (NJP) for 58 days of UA. On 2 August 1991, your case was forwarded to the separation authority with the recommendation that you be discharged with an other than honorable (OTH) characterization of service. On 7 August 1991, the separation authority directed your OTH discharge for misconduct due to the commission of a serious offense and offered you in-patient treatment with the Department of Veterans Affairs. On 15 August 1991, you were discharged from the Navy with and 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 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. The AO noted that during your military service, there were no clinical signs or subjective complaints indicating a severe mental condition that would have rendered you unfit for duty or not responsible for your actions. The AO concluded that there was insufficient evidence to attribute your misconduct to any major psychiatric condition other than illegal substance use and personality disorder. 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 assertion that your psychiatrist’s recommendation was that you be discharged due to your mental health. The Board concluded these factors and assertions were not sufficient to warrant an upgrade in the characterization of your discharge given your substance abuse and your NJP for a significant period of UA. The Board concurred with the AO that your in-service personality disorder diagnosis did not excuse you from responsibility for your misconduct, and that there is insufficient evidence of any additional mental health conditions during your military service to attribute your misconduct to a major psychological condition. 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. Sincerely, 6/5/2020