Docket No: 9750-19 Ref: Signature Date Dear : 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 8 February 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 28 December 2020, which was previously provided to you, and your rebuttal statement dated 12 January 2021. You enlisted in the Navy and began a period of active duty on 4 October 1993. On 20 July 1995, you received nonjudicial punishment (NJP) for wrongful use and possession of a controlled substance. On 21 July 1995, a Drug and Alcohol Report stated you were an above average Sailor and were not dependent. On 24 July 1995, administrative discharge action was initiated to separate you from the Navy for misconduct due to drug abuse. After being afforded your procedural rights, you elected to waive your right to request that your case be heard before an administrative discharge board. On 25 July 1995, your case was forwarded to the separation authority recommending that you receive an other than honorable (OTH) discharge due to drug abuse. On 1 August 1995, you received NJP for wrongful use and possession of a controlled substance (amphetamines/methamphetamines). Thereafter, the separation authority directed your discharge from the Navy for misconduct due to drug abuse. On 14 August 1995, 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 Post-Traumatic Stress Disorder (PTSD) during your service. Based on the available evidence, the preponderance of available objective evidence fails to establish you were, diagnosed with PTSD, or suffered from PTSD at the time of your military service, or 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, your assertions and contentions that: (1) you were young, motivated, and excited about serving your country, became qualified in all the watch standing stations for your division, and as time went on, you started to feel off, had become lazy, and unmotivated; (2) you were, far from home in the middle of a war zone and in fear of uncharted mines put in the gulf; (3) you were not offered any type of assistance to make your feel better, so you decided to fix yourself by starting with alcohol, and then discovered methamphetamines; and (4) you believe your service in the Gulf is what initiated your downfall, and you were, experiencing PTSD, and it went untreated. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct, as evidenced by your two NJPs for wrongful drug involvement 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,