DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1193-16 

Dear : 

This is in reference to your application for correction of your naval record pursuant to the 
provisions ofTitle 10, 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 11 May 2016. The names and votes ofthe members ofthe 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 ofthe entire record, the Board (ound that the 
evidence submitted was insufficient to establish the existence of probable material error or 
injustice. 

You erilisted in the Navy and began a period of active duty on 9 September 1992. On 
13 October 1993, you received nonjudicial punishment for wrongful use of marijuana. 
Subsequently, you were notified ofadministrative discharge proceedings. You consulted with 
counsel and waived your right to an administrative discharge board. Your commanding officer 
recommended an other than honorable (OTH) discharge by reason of misconduct due to drug 
use. On 23 November 1993, the discharge authority approved the recommendation and on 
2 December 1993, 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 discharge and your contention that your 
misconduct was the result ofan unreported sexual assault as a reason that led to post-traumatic 
stress disorder (PTSD). Nevertheless, the Board concluded these factors were not sufficient to 
warrant relief in your case, given your drug related misconduct that resulted in your OTH 
discharge. 

The Board gave liberal consideration to your claim of military sexual trauma, but found no 
evidence ofa sexual assault in your records and the only evidence you provided to support this 
claim was in your statement to the Board. Should you be able to provide additional evidence of 
a reported sexual assault while on active duty, your case may be reconsidered. 

Additionally, the Board considered your contention ofPTSD in light ofthe Secretary of 
Defense's September 3, 2014 guidance to Boards for Correction of Military Records regarding 
discharge upgrades requests by veterans claiming PTSD. After a full and careful consideration 
ofthe matter, the Board determined there was insufficient evidence to support a conclusion that a 
causal relationship with your undiagnosed PTSD and misconduct exists. The Board further 
determined that, even if there was a nexus between the undiagnosed PTSD and your misconduct, 
the severity ofyour drug related misconduct would substantially outweigh any mitigation created 
by PTSD. Accordingly, your application has been denied. 

Tt 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 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 ofan 
official naval record, the burden is on the applicant to demonstrate the existence ofprobable 
material error or injustice. 

Sincerely

Executive Director