DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8528-19 Ref: Signature Date 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 you did not file your application in a timely manner, the statute of limitation was waived in accordance with the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo). A three-member panel of the Board, sitting in executive session, considered your application on 11 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 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, 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). In addition, the Board considered an advisory opinion (AO) furnished by a qualified mental health professional dated 7 December 2020, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 19 October 1987. On 28 October 1987, you were briefed on the Navy’s policy on drug and alcohol abuse. Additionally, you were identified to be a drug abuser. On 1 February 1988, you received nonjudicial punishment (NJP) for forging a station pass. On 2 February 1988, you were counseled concerning the false or unauthorized pass offences and advised that any further deficiencies in your performance or conduct could result in administrative discharge action. On 3 March 1988, you received NJP for attempting to be absent from your appointed place of duty, and possession of marijuana. On 3 November 1988, you were convicted by Special Court-Martial (SPCM) of 96 days of unauthorized absence (UA), and two specifications of wrongful use of marijuana. You were sentenced to confinement at hard labor, a forfeiture of pay, and a bad conduct discharge (BCD). You received your BCD on 17 November 1988. 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 mental health condition during your service. The AO noted that although you carry a post-discharge diagnosis of depression and bipolar, the preponderance of available objective evidence fails to establish you suffered from a mental health condition at the time of your military service, or your in-service misconduct could be attributed to a mental health condition. 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, your statement that your medical history shows you had a history of depression that went untreated and played a major role in the bad decisions you made while in the Navy, that your extreme immaturity impaired your ability to serve, and that you struggled with drug addiction and received no help. 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 SPCM conviction of a lengthy period of UA and drug use, outweighed these mitigating factors. Additionally, the Board noted that you were briefed on the Navy’s policy concerning drug and alcohol abuse, and warned of the consequences of further misconduct after your first NJP. 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, Executive Director