Docket No: 9973-19 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 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 22 December 2020, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 21 March 1989. On 23 March 1989, you were briefed on the Navy’s policy regarding drug and alcohol abuse. On 26 February 1990, you received nonjudicial punishment (NJP) for wrongful use of codeine. On 23 March 1990, you successfully completed a Navy Alcohol and Drug Safety Action Program (NADSAP). On 3 April 1990, a Counseling and Assistance Center screening evaluation stated, you were, evaluated on 26 March 1990, as a result of a positive urinalysis for codeine use. You were found not to be a drug or alcohol abuser, and your potential for future military service was fair. On 31 July 1990, you were notified of administrative discharge action by reason of misconduct due to drug abuse. After being afforded your procedural rights, you elected to have your case heard before an administrative discharge board (ADB). Additionally, medical personnel reported that you had no alcohol or drug problems. On 3 September 1990, a Drug and Alcohol Report stated that your drug use was an isolated incident of drug abuse, and recommended command level counseling and education. You were assigned to NADSAP and placed on weekly urinalysis for six months. On 4 September 1990, the ADB found that you had committed misconduct due to drug abuse. The ADB recommended that you be separated from Navy with a General (under honorable conditions) discharge. On 20 September 1990, your case was forwarded to the separation authority concurring with the ADB’s findings and recommendation that you be separated from the Navy with General (under honorable conditions) discharge. On 2 October 1990, the separation authority directed that you receive a general discharge for misconduct due to drug abuse. On 15 October 1990, you were discharged from the Navy with general (under honorable conditions) 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 were 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 objective evidence; there is insufficient evidence of a mental health condition at the time of your enlistment attributable to your military service that may have mitigated your misconduct. 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: (1) you struggled with depression, which led you to self-medicate, and it was a one-time incident; (2) otherwise you were a good Sailor, and believe you were made an example of; and (3) your service was honorable until this one-time incident, which was a mistake in an attempt to manage your depression. 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. Additionally, the Board concurred with the AO that, based on the available objective evidence, there is insufficient evidence of a mental health condition at the time of your enlistment attributable to your military service that may have mitigated your misconduct. 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, 2/24/2021 Executive Director