DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE i001
ARLINGTON, VA 22204-2490
SON
Docket No: 04041-13
14 May 2014
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 7 May 2014. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
12 November 2003. On 30 July 2004 and 23 March 2005, you
received nonjudicial punishment (NJP) for three periods of
unauthorized absence (UA} totaling 24 days and making a false
official statement. Additionally, you were counseled and warned
after your first NUP, that further misconduct could result in
administrative discharge action. Subsequently, you were notified
of pending administrative separation action by reason of
misconduct due to commission of a serious offense. After being
afforded all of your procedural rights, you were informed that
the least favorable characterization of service you could receive
was general. On 1 April 2005, you received a general discharge.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and contention that your current diagnosed Posttramatic
Stress Disorder (PTSD) caused your misconduct. Nevertheless, the
Board found that these factors were not sufficient to warrant any
change in your discharge given your record of two NJP’s, and the
fact that you were warned of the consequences of further
misconduct after your first NJP. The Board also noted that you
were fortunate to receive a general discharge since a discharge
under other than honorable conditions is often directed when an
individual is discharged for misconduct. Concerning your
contention, there is no evidence in the record, and you submitted
none to support it. The Board notes that the command was
actively assisting you when you were advised that assistance was
available through your chain of command when counseled after your
first NJP. Additionally, a medical condition does not excuse
misconduct, and disciplinary action and administrative separation
are appropriate. 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,
© PNR, GR
ROBERT D. ZSALMAN
Acting Executive Director
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