DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
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Docket No: 3690-15
14 May 2015
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YOu were commissioned in the Navy ana began a& period of active
duty or. € October 2005 You serveda for nearly three years
without disciplinary incident, but on $ May 2008, you sub
your resignation from the Navy in lieu of trial by court-
in this regard, on 12 May 2008, you received nonjudicial
punishment (NUP) for failure to go to your appointed place of
duty, failure to obey a lawful order, unbecoming conduct, and
five specifications of making faise official statements The
punishment imposed with restriction for 60 days, forfeiture of
pay, and @ punitive letter of reprimand :
On 1 August 20908, the Assistant Secretary of Navy (Manpower and
Reserve Affairs) (discharge authority) accepted your resignation
and directed separation under other than honorable conditions by
on of misconduct, and om 28 August 2008, you were so "
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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 change your narrative
reason for separation. It also considered your assertion that
you suffered with post-traumatic stress disorder (PTSD) and your
documentation which reflects that you have been diagnosed with
renal disease, diabetes mellitus, and a depressive disorder.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of the
seriousness of your repeated misconduct as a commissioned officer
of the Navy. The Board believed that considerable clemency was
extended to you when your resignation was accepted so that you
could avoid being tried by court-martial.
Regarding your assertion PTSD, the Board reviewed your
application under the guidance provided in the Secretary of
Defense Memorandum of 3 September 2014, "Supplemental Guidance to
Military Boards for Correction of Military/Naval Records
Considering Discharge Upgrade Requests by Veterans Claiming Post
Traumatic Stress Disorder," and concluded that the severity of
your misconduct outweighed the mitigation offered by your
unsubstantiated claim for PTSD. Accordingly, your application
has been denied. 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.
Sinceyel
Executive Director
ho
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