DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA:231
Docket No: 11768-14
14 April 2015
Dear un.
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 14
Aprii 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, began a period of active duty on 14
March 7 August 1989, and served nearly a year without
disciplinary incident. Howevér, during the period from 30
January 1990 to 17 April 1991, you received nonjudicial
punishment (NUP) on three occasions for being incapacitated;
disobedience, failure to go to your appointed place of duty,
being drunk on duty, and assault. Subsequently, you were
administratively processed for separation by reason of misconduct
due to commission of a serious offense. After waiving your
procedural rights, your commanding officer recommended separation
under other than honorable conditions by reason of misconduct due
to commission of a serious offense. The discharge authority
approved this recommendation and on 21 May 2015, you were so
discharged and assigned an RE-4 reenlistment ‘code.:
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and change your narrative
reason for separation and reenlistment code. It also considered
your assertion that your misconduct was the direct result of a
personal injury which formed into Post-Traumatic Stress Disorder
(PTSD). Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of the
seriousness of your misconduct which resulted in three NJPs. The
Board concluded that the severity of the misconduct would
substantially outweigh any mitigation created by your allegations
of 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 or other matter not previously considered by the Board
within one year from the date of the Board’s decision. 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’NE L
Executive Director
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