DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 1004-14
12 March 2015
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.
Although your application was not filed ina timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
24 February 2015. The names and votes of the members of the
panel will be furnished upon request. 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.
ire
After careful and conscientious consideration of the entir
sil ficient
record, the Board found the evidence submitted wa nsu
to establish the existence of probable material error or
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You enlisted in the Navy and began a period of active duty on
24 April 1989. Based on the information currently contained in
your record, on 26 April 1989, you were briefed on the Navy's
policy regarding drug and alcohol abuse. On 14 July 1952, you
were diagnosed with an adjustment disorder and personality
disorder that both existed prior to you entering the service, and
alcohol abuse. The report further stated, in part, that you had
the capacity to understand the nature of the charges you were
pending at the time, and could conduct your own defense. The
record shows you waived your right to consult counsel prior to
deciding to accept nonjudicial punishment (NJP). on 23 September
1992, you received NUP for 38 days of unauthorized absence (UA)
and missing ship's movement. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
commission of a serious offense, and misconduct due to wrongful
use of marijuana. You waived your rights to consult counsel,
submit a statement, or have your case heard by an administrative
discharge board (ADB). Your case was forwarded recommending that
you be discharged under other than honorable (OTH) conditions by
reason of misconduct. The separation authority concurred and
directed an OTH discharge by reason of misconduct. You were so
discharge on 10 November 1992.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, desire to upgrade your discharge,
and assertion that you were suffering from post-traumatic stress
disorder (PTSD) when your misconduct occurred while on active
duty. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your NJP for serious offenses. The Board noted that you waived
the right to an ADB, your best chance for retention or a better
characterization of service. Regarding your assertion that you
were suffering from PTSD when your misconduct occurred, the Board
noted that the severity of your misconduct outweighed the
mitigations of your assertion of PTSD. Additionally, there is no
evidence in the record to support it, and you submitted no such
evidence. Accordingly, your application has been denied.
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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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.
Sincerel
ROBERT J. O’NEILL
Executive Director
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