Docket No:  9972-19 
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.     
  
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 22 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 27 December 2020, which was previously provided to you. 
   
You enlisted in the Navy and began a period of active duty on 11 January 2010.  On 6 October 2012, you received nonjudicial punishment (NJP) for wrongful use, and possession of control substances, which was extracted from one of your Evaluation and Counseling Records.  On 12 October 2012, you signed a special Evaluation Report and Counseling Record covering the period from 16 July to 23 October 2012, which referenced your 6 October 2012 NJP.  On 15 November 2012, you were discharged from the Navy with a general characterization of service due to drug abuse.  Your original service record was incomplete and did not contain any documentation of your separation from the Navy.  Absent 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. 
 
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) as a result of a Traumatic Brain Injury (TBI) during your service. The AO noted that based on the available evidence, there is insufficient objective evidence that you incurred TBI or PTSD as a result of your military service or that your misconduct may be mitigated by a medical or 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 contentions that: (a) there was a change in policy a month after the Navy Discharge Review Board (NDRB) denied your claim, making the bases for their decision inequitable; (b) new medical evidence was made available in 2018 that was not in your electronic service record previously, and you believe the NDRB would have viewed your character of discharge differently; and (c) the TBI medical evidence was not available in order to be considered by medical staff from the Department of Veterans Affairs or the Board.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief in light of the misconduct detailed in your service record, specifically, your NJP for wrongful drug involvement.  Additionally, the Board concurred with the AO that, there is insufficient objective evidence that you incurred TBI or PTSD as a result of your military service or that your misconduct may be mitigated by a medical or mental health condition.  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,