DEPAPTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1UUI
ARLINGTON, VA 22204-2490
SIN
Docket No: 2593-14
11 December 2014
cer ay
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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
18 November 2014. 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
22 March 1988. Based on the information currently contained in
your record, you received two nonjudicial punishments (NUPs) for
making a false official statement and assault. You were also
convicted by special court-martial (SPCM) of assault.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to a pattern of misconduct. 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 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 discharge on 14 November 1991.
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
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
Gischarge given your two NuUPs and SPCM conviction. The Board
noted that you waived the right to an ADB, your best chance for
retention or a better characterization of service. Regarding
your assertion that you were suffering from PTSD when your
misconduct occurred, the Board noted that the severity of your
misconduct outweighed the mitigations of your post service
diagnosed 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 injwebice.
Sincerely,
ROBERT J. O'NEILL
Executive Director
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