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NAVY | BCNR | CY2007 | 01477-07
Original file (01477-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                                     B OARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                              WASHINGTON DC 20370-5100
                                   

                                                                                          CRS
 Docket No: 1477-07
30 May 2008







This is in reference to your application for reconsideration 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 29 May 2008. 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 8 March 1988. On 29 August 1988 you received nonjudicial punishment for failure to obey a lawful order. On 20 July 1990 a summary court-martial convened and found you guilty of unauthorized absences totaling 25 days, missing movement by design, direct disobedience of a petty officer, and uttering two worthless checks.
On 6 August 1990 your commanding officer recommended that you be separated from the Navy by reason of misconduct/commission of a serious offense, with a discharge under other than honorable conditions. After being informed of the recommendation, you waived the right to present your case to an administrative discharge board. The recommendation was approved by the separation authority, and you were discharged on 28 August 1990 with a discharge under other than honorable conditions.
The Board carefully considered your contentions to the effect that you suffered from posttraumatic stress disorder (PTSD) as a result of being raped by your best friend and required to handle dead bodies from the turret explosion on the USS IOWA, and that
 the PTSD caused you to commit the misconduct which resulted in your discharge. The Board found your contentions insufficient to warrant upgrading your discharge or changing its basis, as there is no credible evidence that you suffered from PTSD prior to your discharge, or that your misconduct was related to the effects of undiagnosed PTSD. In addition, even if you did have symptoms of PTSD at the time in question, there is no indication in the available records that you lacked mental responsibility, or that you were unfit for service by reason of physical disability. 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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