DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10917-07
8 December 2008
Thig 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 19 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 reenlisted in the Navy on 12 April 1990
after more than eight years of prior active service. You
received three nonjudicial punishments for offenses that included
three periods of unauthorized absence, incapacitated for duty,
use of amphetamines, use of methamphetamines, and use of
marijuana.
On 13 May 1992 your commanding officer recommended that you be
separated with a discharge under other than honorable conditions
by reason of misconduct due to a pattern of misconduct. After
being informed of the recommendation, you elected to waive the
right to present your case to administrative discharge board.
The recommendation was approved by the separation authority, and
you were discharged under other than honorable conditions on 24
June 1992.
In its review of your application, the Board carefully considered
your contention that you were suffering from posttraumatic stress
disorder while on active duty, and that the acts of misconduct
which resulted in your discharge were symptoms of that condition.
The Board could not find any evidence in the available records or
your application which corroborates that contention.
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,
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