DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SaN
Docket No: 0896-14
12 March 2015
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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
18 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 Navy and began a period of active duty on
2 August 1993. On 24 November 1993, you received nonjudicial
punishment (NJP) for underage drinking, disobedience, possession
of a false military identification card, and conduct prejudice to
good order and discipline. On 8 March 1995, you received NUP for
wrongful use of a controlled substance. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to wrongful drug use. You waived your rights to
consult counsel, submit a statement, or ,jhave your case heard by
an administrative discharge board (ADB). Your case was forwarded
to the separation authority recommending that you be discharged
under other than honorable (OTH) conditions by reason of
misconduct. The separation authority concurred and directed an
OTH discharge by reason of misconduct. You were so discharged on
5 April 1995.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, desire to upgrade your discharge, that
your post service diagnosed post-traumatic stress disorder (PTSD)
contributed to your misconduct while on active duty, and
contention that your lied about your use of a controlled
substance. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
_given your two,NJPs, one of which was for wrongful drug use. The
‘Board noted that you waived the right to an ADB, your best chance
for retention or a better characterization of service. Regarding
your assertion that you were suffering from PTSD when your
misconduct occurred, the Board noted that the severity of your
misconduct outweighed the mitigations of your post service
diagnosed PTSD. Further, it is well settled in the law that ifa
Sailor procures a discharge by fraud, he should not benefit from
the fraud when it is discovered. Therefore, if you lied to get
out of the military as you contend, no corrective action would be
appropriate. 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.
Singeyel
ROBERT J. O'NEILL
Executive Director
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 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 policies. Subsequently, administrative discharge action was initiated by reason of misconduct due to wrongful drug use.
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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 .
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