DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 10731-16 
NOV 07 2017 

Dear

This is in reference to your application for correction of your naval record pursuant to the provisions oftitle 10 ofthe 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 oflimitations and consider your application on its merits. A three­member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 13 September 2017. The names and votes ofthe member ofthe panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted ofyour application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. 

You enlisted in the Navy and began a period ofactive duty on 24 January 1996. You served for about a year without disciplinary incident, but on 16 January 1997, you received nonjudicial punishment (NJP) for unauthorized absence (UA) from your unit for period totaling 17 days. Seven months later you were convicted by special court-martial (SPCM) ofUA from your unit, destruction ofproperty, drunken and reckless operation ofa vehicle and wrongful possession and use of a controlled substance. The sentenced imposed was confinement, a forfeiture ofpay, reduction in paygrade and a bad conduct discharge (BCD). On 25 August 2000, after appellate review was complete you were discharged with a BCD. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. 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 ofservice and assertion ofpost­traumatic stress disorder (PTSD) as a reason for your misconduct. The Board concluded these factors were not sufficient to warrant relief in your case because ofthe seriousness ofyour repeated misconduct that resulted in an NJP and an SPCM and that you did not provide sufficient 
evidence ofan error or injustice to support your claim. Accordingly, your application has been denied. 

Your assertion ofPTSD was carefully considered by the Board in light ofthe Secretary of Defense's Memorandum "Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post­Traumatic Stress Disorder" ofSeptember 3, 2014. The memorandum recognizes that these Boards are not investigative bodies, but provides supplemental guidance to assist the Boards in i;eaching fair and consistent results when considering whether medical or other evidence indicates PTSD may have contributed to or mitigated the circumstances ofa veteran's discharge from the military. However, the Board concluded the information in your service record and statement you provided was not enough to substantiate your claim of PTSD. 

It is regretted that the circumstances ofyour case are such that favorable action cannot,be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously considered by the Board. In this regard, it is important to keep in mind that a presumption ofregularity 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, 

Executive Director