DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1560-21 Ref: Signature Date Dear Petitioner: 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 2 August 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 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 the advisory opinion (AO) furnished by a qualified mental health professional dated 24 May 2021, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 16 September 1974. On 30 June 1975, you submitted a voluntary statement regarding your drug use. You stated, in part, “I know by law that what I did in my past was wrong but I don’t regret it as I learned more about myself, others, and life than I ever think I could have if I hadn’t taken a few hard times.” At that time, you were granted an Exemption under a Drug Abuse Exemption Program. On 2 July 1975, a psychiatric consultation was completed and reported you had no signs of mental illness. Further, you were not addicted, or in need for detox or rehabilitation. It was recommended that you receive counseling at a Counseling and Assistance Center (CAAC) and be considered for an administrative discharge. On 3 July 1975, you were first seen by CAAC after being granted an exemption. On 4 August 1975, a CAAC report stated that your motivation for continued naval service was questionable, and that with questionable motivation, and your expressed desire to be separated from the Navy, it was recommended that you be administratively discharge from the Navy. On 13 August 1975, you were notified of administrative discharge action by reason of unsuitability due to in-service drug abuse. At that time, you elected not to make a statement. On 20 August 1975, your case was forwarded to the separation authority with the recommendation that you receive a general discharge. On 21 August 1975, you were separated from the Navy with a general (under honorable conditions) characterization of service. 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 a mental health condition during your service. The AO noted that based on the available evidence the preponderance of available objective evidence failed to establish you were diagnosed with a mental health condition or suffered from a mental health condition at the time of your military service. 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 that: (a) at the time of your discharge, you were very immature with an alcohol and substance issue; and (b) you take total accountability for your behavior, actions, poor decisions and that you have been clean and sober since 27 May 1986. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your involvement with illegal drugs, the fact that you were granted a drug exemption, and your expressed desire to be separated from the Navy outweighed these mitigating factors. Additionally, the Board concurred with the AO that based on the available evidence, the preponderance of available objective evidence failed to establish you were diagnosed with a mental health condition or suffered from a mental health condition at the time of your military service. 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, 8/11/2021 Executive Director