DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 5944-14
10 July 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 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
12 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.
On 18 March 1988, you reenlisted in the Navy after serving over
five years of satisfactory service. During the period from
31 August 1990 to 4 December 1992, you received four counselings
for failing to meet physical readiness standards. On
14 February 1994, you were convicted by special court-martial
(SPCM) of failure to obey a lawful order and wrongful use of
cocaine.
Subsequently, administrative separation action was initiated by
reason of misconduct due to the commission of a serious offense.
After you waived your procedural rights, your case was forwarded
to the separation authority recommending that you receive an
other than honorable (OTH) discharge by reason of misconduct due
to the commission of a serious offense. The separation
authority concurred and directed an OTH discharge by reason of
misconduct. On 1 June 1994, 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. The Board also
considered your assertion of post-traumatic stress disorder
(PTSD). Nevertheless, 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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