DEPARTMENT OF THE NAVY
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 132
22 January 201
This is in reference to your application for correction of your
naval record pursuant to the provisions cf 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 6 January 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 tc the
proceedings of this Board. Documentary material considered by
the Board consisted of your application, together with ali
material submitted in support thereof, your naval record, and
applicable statutes, regulations, and policies.
er careful and conscientious consideretion of the entire
ord, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
Aft
rec
You enlisted in the Navy and began a period of active duty on
20 June 1989. On 18 January 1991, you were convicted by special
court-martial (SPCM) of attempting to steal property from the
Navy Exchange, five specifications of failing to go to your
appointed place of duty, 31 days of unauthorized absence, two
specifications of disobedience, two specifications of resisting
apprehension, wrongful use of methamphetamine, and assault. You
were sentenced to confinement at hard labor, a forfeiture of pay,
and a bad conduct discharge (BCD). You received the BCD on
6 March 1992 after appellate review was completed.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, desire to upgrade your discharge,
Certification of Rehabilitation and pardon from the Superior
Court of California, and assertion that your post service
diagnosed post-traumatic stress disorder (PTSD) contributed to
your misconduct while on active duty. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your SPCM conviction
of very serious offenses. Regarding your assertion that you were
suffering from PTSD &yhen your misconduct occurred, the Board
ncdted that the ,séverity of your misconduct outweighed the
mitigations offyou post seryice diagnosed PTSD. Finally, there
is no evidence in the record, and you provided none to support
your assertion. Accordingly, your application has been denied.
It is regretted that the circumstances of your case are such that
favorable action ¢annot 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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