DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9240-07
18 November 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 13 November 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 Reserve on 3
September 1981. You received five nonjudicial punishments
between 29 October 1982 and 15 September 1983 for offenses that
included willful disobedience of a lawful order, attempting to
enter a female berthing area, appearing in your underwear while
descending a ladder into a female berthing area, possession of
drug paraphernalia, assault, disorderly conduct, resisting
apprehension, disrespect, and unlawful possession of two
identification cards.
On 28 February 1984 your commanding officer recommended that you
be separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct. After being informed of that recommendation and your
rights in connection therewith, 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 you were discharged on 21 March 1984 with a
discharge under other than honorable conditions.
In its review of your application, the Board carefully considered
your contentions to the effect that you were suffering from
posttraumatic stress disorder (PTSD), that the acts of misconduct
which resulted in your discharge were symptoms of undiagnosed
PTSD, and that you were unfit for duty by reason of physical
disability because of the effects of a mental disorder. The
Board could not find any evidence in your application or the
available records that substantiates those contentions. It
concluded that your service is properly characterized by a
discharge under other than honorable conditions in view of your
extensive disciplinary record. It also concluded that you have
not established that any information was erroneously or
improperly excluded from your health record. Accordingly, and as
you have not demonstrated that it would be in the interest of
justice for the Board to upgrade your discharge as a matter of
clemency, 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. Whe DPE
Executive Die r
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