DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7319-07
31 October 2008
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 29 October 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 9 October 1991.
On 28 May 1993 you received nonjudicial punishment for use of
methamphetamines. On 23 June 1993 your commanding officer
recommended that you be separated with a discharge under other
than honorable conditions by reason of misconduct due to drug
abuse. When informed of the recommendation, you waived the right
to present your case to an administrative discharge board. After
review by the discharge authority, the recommendation for
separation was approved and on 14 July 1993 you were separated
from the Navy by reason of drug abuse with a discharge under
other than honorable conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
record of service, and the contention that posttraumatic stress
disorder (PTSD) caused your misconduct. The Board concluded that
those factors are insufficient to warrant recharacterization of
your discharge, given your involvement with drugs. The Board was
not persuaded that you suffered from PTSD while in the Navy, or
that you lacked mental responsibility for your actions.
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,
\p
W. DEAN PFET
Executive Dir
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