DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 2151-14
2 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 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
20 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 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 and began a period of active duty on
16 February 1988. You served without disciplinary incident
until 24 March 1989, when you received nonjudicial punishment
(NJP) for 26 days of unauthorized absence. On 10 January 1991,
you received a second NUP for unauthorized absence, missing
movement, and possession of a controlled substance. Asa
result, you were recommended for an administrative separation by
reason of misconduct due to drug abuse. On 25 April 1991, 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 upgrade your character of service and assertion
of post-traumatic stress disorder (PTSD) as a reason for your
misconduct. Nevertheless, the Board concluded these factors
were not, sufficient to warrant relief in your case, given your
misconduct, which included drug abuse. Accordingly, your
application has been denied.
Your assertion that you suffered 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 Requests 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 Department
of Veteran Affairs determinations of the existence of service
connected PTSD. In addition, the Board provided liberal
consideration to finding PTSD where a service record
substantiated the existence of PTSD symptoms or when a civilian
provider diagnosed PTSD. After applying these guidelines to the
evidence in the case, the Board was not able to substantiate the
existence of PTSD in your case.
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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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 30} S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 iad: Hoo SEOs Docket No: 5593-14 1° F aya" f 12 February AOL'S RK three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2015. The BCD was approved at all levels of review and on 26 October 1969, you were 50 discharged The Board, in its review of your entire record and application, carefully...
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