DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ES
Docket No: 5414-14
17 June 2015
Dear ESS
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
5 June 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
28 September 1989. You served for about three years and eleven
months without disciplinary incident, but on 4 March 1993, you
received nonjudicial punishment (NJP) for attempted assault,
falsely signing an official record, breach of peace and assault.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to commission of a
serious offense, at which time you elected your procedural
rights to consult with legal counsel and to present your case to
an administrative discharge board (ADB). The ADB recommended
discharge under other than honorable conditions by reason of
misconduct due to commission of a serious offense. The
discharge authority approved this recommendation and directed
separation under other than honorable conditions by reason o£
misconduct, and on 13 September 1993, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of satisfagtory service, desire to upgrade your
discharge, and assertion of a post-traumatic stress disorder
(PTSD). Nevertheless, the Board concluded these factors were
not sufficient to warrant changing your characterization of
service given the severity of your 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 unsubstantiated claim of 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 injustice.
Sincerely,
ERT J. O'N
Executive Director
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