Docket No: 2691-21                                                                                             
Ref: Signature Date 
 
Dear Petitioner: 
 
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 29 September 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, and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). 
 
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. 
 
You enlisted in the Navy on 27 August 1979.  During the period from 5 March 1980 to 18 August 1984, you received non-judicial punishment (NJP) on five separate occasions.  The offenses included:  failure to go to an appointed place of duty, wrongful possession of marijuana, wrongfully possessing a pass belonging to someone else with intent to defraud, unauthorized consumption of alcohol on board a naval vessel, and wrongful use of cocaine.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.  You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).  The ADB found that you committed misconduct due to drug abuse and recommended your separation with an other than honorable (OTH) characterization of service.  Your commanding officer then forwarded your separation package to the separation authority recommending your separation with an OTH characterization of service.  The separation authority concurred and directed and your separation with OTH characterization of service.  On 18 July 1985, you were discharged. 
 
An Advisory Opinion (AO) dated 20 August 2021 regarding your assertion of suffering from a Mental Health Condition (MHC) was provided the Board.  The AO stated in part that although you claimed an MHC, you did not provide any description of symptoms which would meet the criteria for an MHC, indicate how those symptoms interfered with your ability to function, or link any mental health symptoms to your misconduct.  The AO concluded by opining that the preponderance of objective evidence failed to establish you suffered from an unfitting mental health condition at the time of your military service, or that your in-service misconduct could be attributed to an unfitting 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, the AO, your desire to upgrade your discharge, and contention of an MHC as a reason for your OTH characterization of service.  The Board further noted your assertions that you completed 5 years, 10 months, and 22 days of a 6 year enlistment, and that your misconduct was the result of being an active alcoholic and never receiving treatment.  The Board also noted your contentions that you have been sober since the late 1980s, have been volunteering for 30 years, built a business, conducted bible study, offered your electrical skills for free, are a member of a disaster relief group, and you are involved in reconstructing homes for the those in need.  The board noted that there is no evidence in your record, and you submitted none, to support your contention of being an active alcoholic and never receiving treatment.  The Board also noted that you received a medical evaluation on 1 December 1980 for substance abuse and were assessed as not being psychologically or physically dependent.   
 
Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board concurred with the conclusion of the AO, and found no nexus between an MHC and your misconduct.  The Board found that the seriousness of your misconduct, as evidenced by your five NJP’s, outweighed any 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,