DEPARTMENT OF THE NAVY 

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


Docket No: 2185-16 

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 of limitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 25 May 2016. The names and votes of the 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 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 of the entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. 

You reenlisted in the Navy on 26 October 1988 after more than three years ofprior service. You 
served for four months without disciplinary incident, but on 28 February 1989, received 
nonjudicial punishment (NJP) for operating a vehicle while drunk, reckless operation ofa vehicle 
and indecent exposure. On 1 October 1993, you received NJP for four instances offailure to go 
to your appointed place ofduty and wrongful use of amphetarnine/methamphetamine. 

Subsequently, you were notified ofpending administrative discharge processing with an other 
than honorable (OTH) discharge due to misconduct. After consulting with legal counsel, you 
elected to present your case to an administrative discharge board (ADB). On 8 December 1993, 
the ADB found that you committed misconduct and recommended that you be separated with an 
OTH discharge. Your commanding officer concurred with the ADB and forwarded his 
recommendation to the separation authority. The separation authority agreed with the 
recommendation ofthe ADB and directed your commanding officer to issue you an OTH 
discharge by reason ofmisconduct due to commission ofa serious offense and on 
1 February 1994, 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, assertion ofposttraumatic 
stress disorder (PTSD) as a reason for your misconduct, and recent Department of 
Veterans Affairs (VA) disability rating I medical diagnosis ofPTSD. Nevertheless, the Board 
concluded these factors were not sufficient to find an error or injustice warranting relief in yoi.ir 
case. 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" of September 3, 2014. The memorandum recognizes provides 
supplemental guidance to assist these 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. In reviewing a veterans 
request to change the characterization ofservice, the memorandum instructs Boards to give 
liberal consideration to service treatment or other records documenting symptoms now 
recognized as PTSD existed during the time ofservice. Special consideration is given to 
Department ofVeterans Affairs (VA) determinations documenting PTSD or PTSD-related 
conditions connected' to military service. However, the Board concluded that the post-service 
Department ofVeterans Affairs (VA) PTSD diagnosis did not significantly mitigate the 
seriousness ofyour misconduct while on active duty. The Board concluded that the seriousness 
ofyour 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 
Acting