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NAVY | BCNR | CY2014 | NR5593 14_Redacted
Original file (NR5593 14_Redacted.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
30} S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

iad: Hoo SEOs
Docket No: 5593-14
1° F aya" f
12 February AOL'S

 

 

 

RK three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 February 2015. The names and votes of the
members of the panel 1 be furnished upon request Your
allegations of error and injustice were reviewed in accordance
with administrative regulations and procedures applicable to the
pro of this Board. Documentar! material considered by
the sisted of your ap together with all

mat G i ip 2 ar naval record, and
app yu olicies

  

re
duty on 26 6 x 3e oO
without dis incident, but during tne period from abe)
January to - 1967, you received nonjudicial punishment
(NOP) on fo ns for misbehavior as a sentinel, absence
from your at lace of duty, an unspecified period of
unauthorized a (UA), and assault.

On 19 December 1968, you were convicted by special court-martial
(SPCM) of two specifications of failure to obey a lawful order
and a 77 day period of UA. You were sentenced to confinement and
a bad conduct discharge (BCD).. The BCD was approved at all
levels of review and on 26 October 1969, you were 50 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 friend's
assertions that you are suffering from Post-Traumatic Stress
Disorder (PTSD). Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct. Accordingly, your application has been denied
vour friend's assertion that you suffered from PTSD was fully and
carefully considered by the Board in light of the Secretary of
Defense's Memorandum, “Supplemental Guidance to Military Boards
for Correction of Military/Naval Records Considering Discharge
Upgrade Requests by Veterans Claiming Post Traumatic Stress
Disorder” of September 3, 2014. In accordance with the guidance.
the Hoard gave iiveral and speéciat nencideration to treatment
record documentation of PTSD symptoms and Department of Veteran
affairs determinations of the existence of gervice connected
PTSD. In addition, the Board provided liberal consideration to
finding PTSD where a service record substantiated the existence
of PTSD symptoms pr when a Civilian provider diagnosed PTSD
after’ applying these guidelines to ‘the evidence in the case, the
Board was not able to substantiate the existence of PTSD in your
case.

It is regretted that the circumstances of your case are such that
avorable 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 Gx

regularity attaches to all official records Consequently, when

applying for 4 correction of an official naval record, the burden
h licant to demonstrate tne © ence of probable

 

terial error or injustice.

 

tN

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