DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ES
Docket No: 10851-14
4 June 2015
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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 in a 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
8 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 Navy and began a period of active duty on
23 June 1999. You served for about eight months without
disciplinary incident, but on 6 March 2000, you received
nonjudicial punishment (NJP), for an unauthorized absence
totaling 27 days, wrongfully soliciting another individual to
miss movement, and hindering the apprehension of an individual.
Shortly thereafter, on 14 March 2000, you were diagnosed with a
personality disorder and subsequently recommended for
administrative discharge by reason of convenience of the
government due to the diagnosed personality disorder.
The record reflects that on 14 April 2000, while serving in
paygrade E-1, you were discharged with a general discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your assertion of post-traumatic stress disorder and desire to
change your narrative reason for separation. Nevertheless, the
Board concluded these factors were insufficient to warrant
relief in your case given the severity of your misconduct which
resulted in-an NUP and the diagnosed personality disorder.
Regarding your assertion, the Board noted that the severity of
your misconduct outweighed the mitigation offered by your
unsubstantiated claim for PTSD. 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,
ROBERT J. O° NEILL
Executive Director
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