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NAVY | BCNR | CY2005 | 06691-05
Original file (06691-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
                                     WASHINGTON DC 20370-5100



         CRS
         Docket No: 6691-05
         16 January 2007







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 4 January 2007. 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 12 May 1988. The record reflects that you received two nonjudicial punisliments. Your offenses included use of a controlled substance and use of cocaine.
On 28 July 1992 your commanding officer recommended that you be separated with an other than honorable discharge by reason of misconduct due to drug abuse. When informed of the recommendation, you elected to waive the right to present your case to an administrative discharge board. After review by the discharge authority, the recommendation for separation was approved and you were discharged on 24 October 1992 with an other than honorable discharge.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and the contention that posttraumatic stress disorder (PTSD) caused your misconduct. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge, given your use of drugs. Further, there is no evidence in the record, and you have submitted none, to show that you suffered from PTSD at the time of your service. Moreover, even if you did, 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. 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,


ROBERT D. ZSALMAN
Acting Executive Director
Copy to:         Disabled American Veterans





















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