DEPARTMENT OF THE NAVY 

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

Docket No. 6950-16 
JUN l 3 2017 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 10 U.S.C. §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 9 March 2017. The names and votes ofthe members 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, your naval record and applicable statutes, 
regulations and policies. 

You enlisted in the Marine Corps and began a period ofactive duty on 23 April 1991. On 17 

May 1994, you were in v,iolation ofthe Uniform Code ofMilitary Justice (UCMJ) Article 86, 
unauthorized absence (UA) for approximately one year and six months until you were 
apprehended by civil authorities on or about 21 November 1995. On 8 December 1995, you 
requested separation in lieu oftrial by court martial. As a result ofthe foregoing, the separation 
authority directed an Other Than Honorable (OTH) characterization of service discharge by 
reason of conduct triable by court martial. On 22 December 1995, you were discharged with an 
OTH characterization ofservice. 

After careful and conscientious consideration ofthe entire record, the Board found that the 
evidence submitted was insufficient to establish the existence ofprobable material error or 
injustice. The Board carefully weighed all potentially mitigating factors, such as your desire to 
upgrade your character ofservice and assertion.ofpost-traumatic 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. 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 
statements you provided was not enough to substantiate your claim ofPTSD at the time ofyour 
misconduct. The Board 'further concluded that, even i fPTSD existed at the time ofyour 
discharge, the 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 
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 ofprobable material error or injustice.

Sincerely, 


Executive Director