DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 2340-14
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
27 February 1969. You served for a year and three months
without disciplinary incident, but during the period from
7 May 1970 to 18 October 1972, you received nonjudicial
punishment (NJP) on two occasions and were convicted by court-
Martial. Your offenses were failure to obey.an order, drunken
reckless operation of a vehicle, drunk on duty, and unlawfully
selling stolen property. Shortly thereafter, on 25 October
1972, you began.a period of unauthorized absence (UA) fora
total of 64 days. In addition to your unauthorized absence,
several military exchanges submitted reports of your outstanding
bad checks totaling $1,583.74.
On 26 December 1972, the foregoing period of UA was terminated.
As a result, on 2 February 1973, you submitted a written request
for an other than honorable discharge in order to avoid trial by
court-martial for unauthorized absence and cashing bad checks.
Prior to submitting this request you conferred with a qualified
military lawyer at which time you were advised of your rights .
and warned of the probable adverse consequences of accepting
such a discharge. Subsequently, your request was granted and
the commanding officer was directed to issue you an other than
honorable discharge by reason of the good of the service. Asa
result of this action, you were spared the stigma of a court-
Martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor. On 6 April 1973, you
were issued an other. than honorable discharge.
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 the
seriousness of your misconduct, which included repetitive and
lengthy periods of UA resulting in your request for discharge.
The Board believed that considerable clemency was extended to
you when your request for discharge to avoid trial by court-
martial was approved. Further, the Board concluded that you
received the benefit of your bargain with the Navy when your
request for discharge was granted and you should not be
permitted to change it now. 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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