DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 13168-14
14 August 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 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
22 July 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 that 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
27 March 1964. You served for a years and two months without
disciplinary incident, but on 21 June 1965, you received
nonjudicial punishment (NJP) for unauthorized absence (UA) from
your unit for a period of 12 days, failure to obey a lawful
general regulation and underage drinking. On 26 August 1965,
you were convicted in civilian court of assault with a deadly
weapon and sentenced to confinement for an undeterminable period
of tine.
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Subsequently, you were notified of pending administrative
separation by reason of misconduct due to civilian conviction at
which time you waived your procedural rights to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). Your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to civilian conviction. The discharge authority
approved this recommendation and directed separation under other
than honorable conditions by reason of misconduct, and on
3 January 1966, you were so discharged.
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 assertion of suffering
from 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 that resulted in a civil conviction. Further, you
were given an opportunity to defend your actions, but waived
your procedural rights. Your assertion of suffering 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 Request 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 determinations of the existence of service connected PTSD.
The Board fully and carefully considered the existence of your
PTSD and determined that it existed at the time of your
discharge and weighed its existence as potential mitigation in
the misconduct you committed. Specifically, the Board looked to
see whether it was a causative factor in your misconduct and
weighed it against the severity of your actions. After
carefully considering the evidence, the Board determined the
severity of your misconduct far outweighed any mitigation the
PTSD provides. The offenses you committed were very serious in
nature warranting the discharge characterization you received
even taking into consideration the existence 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 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,
RQBERT J. O’NEIL
Executive Director
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