DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 1782-14
24 March 2015 ,
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552.
. three-member panel of the Board for Correction of Naval Records,,
sitting in executive session, considered your application on
3 March 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 ali 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
Co establish the existence of probable material error or
injustice,
You enlisted in the Navy and began a period of active duty on
1 February 1994. On 18 August 1994, you received nonjudicial
punishment (NJP} for unauthorized absence, and missing ship's
movement. You received restriction, extra duty, and a forfeiture
of pay. A medical entry states, in part, that you were not
suicidal or homicidal, you represented a continuing danger to
yourself and others if retained on active duty. Subsequently, on
15 November 1994, administrative discharge action was initiated
disorder, You waived your rights to consult counsel, submit a
statement, or have your case heard by an administrative discharge
board (ADB). Your case was forwarded to separation authority
recommending that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. The separation
authority concurred and directed an OTH discharge by reason of
misconduct. You were so discharged on 12 December 1994. 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, and
assertion that you suffered from Post Traumatic Stress Disorder
(PTSD) and asthma, as a result of your service. Nevertheless,
based on the information currently contained in your record, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your NUP for serious
offenses. The Board noted that you waived the right to an ADB,
your best chance for retention or a better characterization of
service. With regard to-your assertions of suffering from PTSD
and asthma, the Board noted that the severity of your misconduct
outweighed the mitigations of your assertions. Additionally,
there is no evidence in the record to support them, and you
submitted no such evidence. 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.
Singeyely
ROBERT J. O'NEILL
Executive Director
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