DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
JRE
Docket No. 11974-0909
11 December 2009
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 10 December 2009. 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.
The Board found that you were discharged from the Navy on 17
June 1993 with a bad conduct discharge, pursuant ‘to the approved
sentence of a general court-martial which had convicted you,
pursuant to your pleas of guilty, of forgery, fraud against the
United States, making false official Statements, and two.
offenses in violation of Article 134, Uniform Code of Military
Justice.
The Board concluded that your receipt of a 0% disability rating
from the Department of Veterans Affairs for posttraumatic stress
disorder more than ten years after you were discharged is not
probative of the existence of error or injustice in your naval
record. In this regard, the Board was not persuaded that the
misconduct which resulted in your discharge was related to the
effects of undiagnosed posttraumatic stress disorder, or that
you were unfit for duty by reason of physical disability at that
time. The Board noted that you would not have been entitled to
disability retirement even if you had been unfit for duty,
because your conviction by general court-martial and bad conduct
discharge would have taken precedence over disability evaluation
processing. The Board also concluded that you have failed to
demonstrate that it would be in the interest of justice for it
to upgrade your bad conduct discharge. 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 P FER
Executive Leeto
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