DEPARTMENT OF THE NAVY 

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

Docket No: 1327-16 
JUL 18 2016 

Dear : 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 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 of limitations and consider your application on its merits. A three
member panel ofthe Board for Correction of Naval Records, sitting in executive session, 
considered your application on 29 April 2016. The names and votes ofthe 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 ofyour 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 Marine Corps and began a period ofactive duty on 19 August 1990. You 
served without disciplinary incident until 26 October 1992, when you received nonjudicial 
punishment (NJP) for unauthorized absence (UA). On 17 January 1992, you were convicted by 
summary court-martial (SCM) ofconspiracy and assault. On 12January 1993, you were 
convicted by SCM for unauthorized absence (UA) and failure to obey a lawful order. As a result 
ofthe foregoing, administrative discharge action was initiated. After being afforded all ofyour 
procedural rights, your case was forwarded to the separation authority. The separation authority 
directed an other than honorable discharge by reason of misconduct due to commission ofa 
serious offense. On 4 February 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 character of service and assertion of posttraumatic 
stress disorder (PTSD) as a reason for your misconduct. Nevertheless, the Board 
concluded these factors were not sufficient to warrant relief in your case, because no error or 
injustice· was identified in its review ofyour records. Accordingly, your application has been 
denied. 

Your assertion of PTSD was carefully considered by the Board in light of the 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" of September 3, 2014. However, the Board concluded that the 
statements you provided were not enough to outweigh the seriousness of your misconduct. As a 
result, the Board was unable to substantiate your claim ofPTSD at the time ofyour misconduct 
and it was their opinion that the seriousness of your misconduct outweighed any mitigation that 
would be offered by the PTSD. 

It is regretted that the circumstances ofyour 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 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