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NAVY | BCNR | CY2005 | 05258-05
Original file (05258-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
          WASHINGTON DC 20370-5100        

                                                              
                                                      CRS      
         Docket No: 05258-05
                                             22 August 2005


This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10 of the United States Code section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 August 2005. 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, your naval record and applicable statutes, regulations and policies.
After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
The Board found that you enlisted in the Navy on 19 January 1981. The record reflects that you received four nonjudicial punishments. The offenses included possession of marijuana, assaulting an individual while in the execution of police duties, use of marijuana, assault consummated by battery, and absence from your appointed place of duty.
On 7 March 1983 the commanding officer recommended that you be separated with a general discharge by reason of misconduct due to minor disciplinary infractions. When informed of this recommendation, you elected to waive the right to submit a statement in response to the discharge action. After review by the discharge authority, the recommendation for separation was approved and on 8 March 1983 you received a general discharge by reason of misconduct.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and contention that the discharge would be automatically upgraded and that you
 suffered from posttraumatic stress disorder (PTSD). However, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge, given the four disciplinary actions. Further, there is no evidence in the record to show that you suffered from PTSD at the time of your service. Additionally, even if you did have PTSD, and it became symptomatic during your period of active duty, there is no indication that the disorder caused an inability to know right from wrong or adhere to the right, or that it was sufficiently mitigating to warrant recharacterization. Lastly, no law or regulation provides for upgrading a discharge based solely on the passage of time. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously 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,





W. DEAN PFEIFFER
Executive Director

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