DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5147-14
22 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
15 May 2015. The names and votes of the member 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 reenlisted in the Navy on 9 March 1987 after two years 10
months of prior service. During the period from 7 May 1987 to
25 March 1988, you received nonjudicial punishment (NJP) on two
occasions. Your offenses were unauthorized absence (UA) and
failure to go to your appointed place of duty. On 20 June 1988,
you were convicted by special court-martial of conspiracy to
forge a check, failure to obey a lawful regulation, drinking
alcohol while on restriction, destruction of personal property,
forgery of personal checks, theft, and breaking restriction.
The sentence imposed was confinement, to pay a fine, reduction
in paygrade and a bad conduct discharge (BCD). On 13 June 1989,
you received the BCD after appellate review was complete.
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 assertion of suffering
from post-traumatic stress disorder (PTSD). Nevertheless, the
Board concluded these factors were not sufficient to warrant
relief in your case because of the seriousness of your repeated
misconduct. Regarding your assertion of suffering from PTSD,
the Board noted that you did not provide a diagnosis and that
the severity of your misconduct outweighed the mitigation of
your possible diagnosis. 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 injustice.
Sincerely,
ROBERT J. O’NEILL
Executive Director
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