DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 2840-21 
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.
 
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 23 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 11 June 2021, which was previously provided to you. 

You enlisted in the Navy and began a period of active duty on 13 February 1980. During the period from 1 May to 20 November 1980, you received three nonjudicial punishments (NJPs) for drunk and disorderly conduct, two specification of possessing marijuana, being in a restricted area, returning from liberty in civilian clothes, and disobeying a lawful order. On 28 November 1980, you acknowledged that your conduct was alleged to be unsatisfactory due to frequent involvement of a discreditable nature with military authorities. During the period from SJN 3 December 1980 to 27 May 1981, you received three additional NJPs for dereliction of duty, drunk and disorderly conduct while in a restricted status, wrongfully urinating in your rack, four specifications of unauthorized absence totaling eight days, failure to go to your appointed place of duty, seven specifications of going from your appointed place of duty, missing ship’s movement, two specifications of failing to obey an order, disrespectful in language, wrongful use of lysergic Acid Diethylamide (LSD), and use and possession of marijuana. On 27 April 1981, you acknowledged that your conduct was alleged to be unsatisfactory due to drug abuse. You were warned that failure to improve could result in administrative discharge action. On 2 June 1981, you were notified of administrative discharge action by reason of misconduct due to frequent involvement with military authorities and drug abuse. On 24 June 1981, you were found to be drug and alcohol dependent, psychologically dependent on drugs and alcohol, in need of depth structured treatment program, and placed in a supervised Antabuse Program. On 26 June 1981, you were counseled concerning your right to complete a minimum of 30 days counseling, or drug rehabilitation. You elected not to attend, and refused to cooperate in any Drug Rehabilitation Program. On 28 June 1981, you were convicted by summary court-martial (SCM) of failing to go to your appointed place of duty, two specifications of disrespect toward a superior commissioned officer, assault on a superior commissioned officer, and failure to obey a lawful order. On 7 July 1981, your case was forwarded to the separation authority with the recommendation that you be separated from the Navy with an other than honorable (OTH) discharge due to your frequent involvement with military authorities and drug abuse. On 4 August 1981, the separation authority directed that you receive an OTH discharge. However, on 2 November 1981, you were convicted by general court-martial (GCM) of willfully destroying, by setting it on fire, building 1027 , willfully and maliciously set on fire building 1027, knowing that human beings were therein, and wrongfully destroying by fire the property of four other Sailors. You were sentenced to five years of confinement at hard labor, a forfeiture of all pay and allowances, and a dishonorably discharge (DD). You were released from confinement on 19 January 1984, and received your DD on 31 October 1984. 

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 during your service. The AO noted that based on the available evidence, the preponderance of available objective evidence failed to establish you suffered from a mental health condition at the time of your military service or your in-service misconduct could be mitigated by a 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 evidence you provided, a copy of a Sanity Board Report, copy of your application for social security disability, and documentation from Hominy Behavioral Health and OCH Health Systems. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct that resulted in your six NJPs, the fact that you were warned of the consequences of further misconduct after your third NJP, SCM, and GCM conviction 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 suffered from a mental health condition at the time of your military service or your in-service misconduct could be mitigated by a 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, 
9/13/2021