DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 13098-14
29 April 2015
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 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
21 April 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 29 September 1979. You served without disciplinary
incident until 26 August 1980, when you received nonjudicial
punishment (NJP) for theft. Shortly thereafter, on
5 September 1980 you were arrested by civilian authorities for a
felonious hit and run with personal injury. On 5 November 1980,
the Onslow County Superior Court found you guilty of the hit and
run charges and your sentence included a $623 fine with three
years of probation. As a result, you were recommended for an
administrative separation by reason of misconduct due to
conviction by civilian authorities. On 2 April 1981, you were
discharged with an other than honorable characterization of
service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to tipgrade your character of service and assertion
of post-traumatic stress disorder (PTSD) as a reason for your
misconduct. Nevertheless, the Board concluded these factors and
assertion were not sufficient to warrant relief in your case
given the seriousness of your misconduct and civilian court
conviction. Your assertion of PTSD was 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. The Board was unable to substantiate your
claims of PTSD and you provided no evidence other than your
letter. Based on the guidelines of the memo, the Board
determined insufficient evidence exists for a finding 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'NEILL
Executive Director
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