DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 DocketNo: 1156cl6 NOV 16 2016 Dear : This is in reference to your application for correction ofyour naval record pursuant to the provisions oftitle IO 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 29 June 2016. The names and votes ofthe members of the 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, your naval record, and applicable statutes, regulations, and policies. 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. You enlisted in the Navy and began a period of active duty on 25 July 1984. During the period from 19 July 1985 to 20 November 1986, you received four nonjudicial punishments (NJP) for breach ofpeace, assault, two periods ofunauthorized absence and absent from your appointed place ofduty and failure to go your appointed place ofduty on two occasions. Subsequently, you were notified ofadministrative separation, at which time you waived your right to consult with counsel and to present your case to an administrative discharge board (ADB). The commanding officer recommended administrative discharge with an other than honorable discharge (OTH). The discharge authority approved and directed discharge by reason ofmisconduct due to pattern ofmisconduct with an OTH discharge. On 27 January 1987, you were so discharged. The Board, in its review ofyour 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. Nevertheless, the Board concluded these factors were not sufficient to warrant relief in your case, and that you did not provide sufficient evidence ofan error or injustice to support your claim. Further, the Board noted that you were given an opportunity to defend your actions and possibly receive a better discharge, but waived your procedural rights. 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 reaching 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 ofPTSD at the time ofyout misconduct. The Board further concluded that, even ifPTSD existed at the time of your discharge, the seriousness of your misconduct outweighed any mitigation that would be offered bythePTSD. 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 ofnew and material evidence within one year from the date ofthe 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 ofregularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director