DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 621-14
12 February 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.
A 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 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 11 December 1989. You served without disciplinary
incident until 30 September 1993, when you received nonjudicial
punishment (NIP) for drunk and disorderly conduct. About six
months later, on 18 March 1994, you received NUP for wrongful use
of cocaine.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After waiving your
procedural right to consult with legal counsel and to present
your case to an administrative discharge board (ADB), your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
The discharge authority approved this recommendation and directed
separation under other than honorable conditions by reason of
misconduct, and on 26 May 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 and assertions of needing
medical care and 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 drug related misconduct.
Further, you were given an opportunity to defend your actions,
but waived your procedural right to present your case to an ADB.
Accordingly, your application has been denied.
Your 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 Board gave liberal and special consideration to treatment
record documentation of PTSD symptoms and Department of Veteran
affairs determinations of the existence of service connected
PTSD. In addition, the Board provided liberal consideration to
finding PTSD where a service record substantiated the existence
of PTSD symptoms or 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
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.
Executive Director
NAVY | BCNR | CY2014 | NR621 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 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 pclicies. After applying these guidelines to the evidence in the case, the Board was not able to substantiate the existence o= PTSD in your case .
NAVY | BCNR | CY2014 | NR2151 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2015. , The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your desire to upgrade your character of service and assertion of post-traumatic stress disorder (PTSD) as a reason for your misconduct. Consequently, when applying for a correction of an official naval record, the burden...
NAVY | BCNR | CY2014 | NR7771 14_Redacted
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NAVY | BCNR | CY2014 | NR13226 14
Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application. Your current request has been carefully examined by a three-member panel of the Board for Correction of Naval Records, sitting in executive session on 8 May 2015. After careful and conscientious consideration of the entire record, the Board determined that your assertion of post- traumatic stress disorder (PTSD) and the letter you...
NAVY | BCNR | CY2014 | NR13226 14_Redacted
Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application. Your current request has been carefully examined by a three-member panel of the Board for Correction of Naval Records, sitting in executive session on 8 May 2015. After careful and conscientious consideration of the entire record, the Board determined that your assertion of post- traumatic stress disorder (PTSD) and the letter you...
NAVY | BCNR | CY2014 | NR13168 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 July 2015. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Specifically, the Board looked to see whether it was a causative factor in your misconduct and weighed it against the severity of your actions.
NAVY | BCNR | CY2014 | NR10758 14_Redacted
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NAVY | BCNR | CY2014 | NR5593 14_Redacted
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 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...
NAVY | BCNR | CY2014 | NR5880 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 June 2015. After applying these guidelines to the evidence in the case, the Board was not able to substantiate the existence of PTSD in your case. 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.