DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ES
Docket No: 10758-14
4 June 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 May 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.
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 Marine Corps and began a period of active
duty on 28 June 1986. You served for about five years and three
months without disciplinary incident, but on 23 October 1991,
you received nonjudicial punishment (NJP) for attempting to
develop a nonprofessional relationship with a recruit and making
a false official statement. On 28 October 1992, you were
convicted by general court-martial (GCM), of failure to obey
order or regulation, carnal knowledge with a female under
sixteen years of age and obstructing justice. You were adjudged
confinement, forfeiture of pay and allowances, reduction to
paygrade E-1, and bad conduct discharge (BCD). After the BCD
was approved at all levels of review, on 9 August 1983, you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of satisfactory service, desire to upgrade your
discharge and your assertion of post-traumatic stress disorder.
Nevertheless, based on the information currently contained in
your record, the Board concluded these factors were not
sufficient to warrant an upgrade of your discharge given the
severity of your misconduct which resulted in NUP and GCM.
it
Also, your assertion that you suffered from PTSD was fully and
carefully considered by the Board in light of the Secretary of
Defense’s Memorandum, “Supplemental Guidance to Military Boards
for Correction.of Military/Naval Records Considering Discharge
Upgrade Requests by Veterans Claiming Post Traumatic Stress
Disorder” of September 3, 2014. In accordance with the
guidance, the Board gave liberal and special consideration to
treatment record documentation of PTSD symptoms and DVA
determinations of the existence of service connected PTSD. [In
addition, the Board provided liberal consideration to finding
PTSD where a service record substantiated the existence of PTSD
symptoms or when a Civilian provider diagnosed PTSD. After
applying these guidelines to the evidence in the case, the Board
was not able to substantiate the existence of PTSD in your case.
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.
Sincerely,
OBERT J. O'NEILL
Executive Director
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