DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 4308-14
29 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 ina 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
17 April 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.
On 22 October 1981, you reenlisted and continued to serve
without disciplinary incident for about eight months. However,
during the period from 24 June 1982 to 17 January 1983, you
received five nonjudicial punishments (NUJPs) for a one day
period of unauthorized absence, disobedience of a lawful order,
possession of two identification cards, absence from appointed
place of duty, wrongful use of marijuana and hashish, and
wrongful consumption of alcoholic beverages.
As a result of the foregoing misconduct, administrative
discharge action was initiated by reason of misconduct due to
drug abuse. At that time you waived your procedural rights.
The discharge authority directed a discharge under other than
honorable conditions, and on 14 February 1983, you were so
discharged.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and your assertion of
post-traumatic stress disorder (PTSD). Nevertheless, based on
the information currently contained in your record, the Board
concluded these factors were not sufficient to warrant an
upgrade of your discharge. The Board considered your assertion
of PTSD in light of the Secretary of Defense’s September 3, 2014
guidance to Boards for Correction of Military records regarding
discharge upgrade requests by veterans claiming PTSD. The Board
liberally considered whether your PTSD was a causative factor in
the misconduct that resulted in your discharge. After full and
careful consideration of the matter, the Board determined that
there was insufficient evidence in the record, and you provided
none, to support a conclusion that a causal relationship with
the PTSD symptoms and misconduct existed. Specifically, the
Board concluded that your misconduct was not caused by your PTSD
and further determined that, even if there was a nexus between
the PTSD and the misconduct, the severity of the misconduct
would substantially outweigh any mitigation created by your
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 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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