DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 4626-14
12 May 2015
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
28 April 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 Marine Corps and began a period of active duty on
26 October 1988. On 10 November 1993, you were convicted by general
court-martial (GCM) of wrongfully concealing a deadly weapon, and
assault of another Marine. You were sentenced to 18 months of
confinement, forfeiture of all pay and allowances, a reduction in
paygrade, and a bad conduct discharge (BCD). You received the BCD on
16 April 1997 after appellate review was completed.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as your
record of service, post service accomplishments, psychological
evaluation dated 17 March 2015, desire to upgrade your discharge, and
that you are seeking treatment for post-traumatic stress disorder
(PTSD) and depression. Your assertion that you are seeking treatment
for PTSD was fully and carefully considered by the Board in light of
the Secretary of Defense memorandum, “Supplemental Guidance to
Military Boards for Correction of Military/Naval Records Considering
Discharge Upgrade Request by Veterans Claiming PTSD” of 3 September
2014. The memorandum describes the difficulty veterans face on
"upgrading their discharges based on claims of previously
unrecognized" PTSD. The Secretary explains that since PTSD was not
previously recognized as a diagnosis at the time of service for many
veterans, and diagnoses were often not made until after service was
completed, veterans were constrained in their arguments that PTSD
should be considered in mitigation for misconduct committed or were
unable to establish a nexus between PTSD and the misconduct underlying
their discharge. The Board reviewed your application and gave liberal
consideration of your assertion that you are seeking treatment for
PTSD as a mitigation factor in your misconduct. They weighed the
severity of your misconduct that formed the basis for your discharge.
Nevertheless, based on the information currently contained in your
record, the Board concluded the mitigating factors listed above,
including your PTSD, were not sufficient to warrant recharacterization
of your discharge given your GCM conviction of very serious offenses.
Accordingly, your application has been denied.
With regard to your inquiry about awards you may have received while
on active duty, to include the Good Conduct Medal, please be advised
that because your request is for an administrative correction which
does not required action by this Board, you may submit your request to
the Headquarters, United States Marine Corps, Military Awards Branch
(MMER), 3280 Russell Road, Quantico, VA 22134-5103.
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.
ROBERT J. O'NEILL
Executive Director
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NAVY | BCNR | CY2014 | NR4376 14
A three- member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 April 2015. 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. The Board, in its review of your entire record and application, carefully weighed all potentially mitiaating factors, such as your record of...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 February 2015. The policy specifically covers veterans who received other than honorable discharges. 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.
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