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

Docket No. 8532-1 6  
SEP 26 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 of limitations and consider your application on its merits. A three­member panel ofthe Board for Correction of Naval Records, sitting in executive session, considered your application on 12 June 2017. The names and votes of the 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 of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. The advisory opinion provided in BUMED memo [REDACTED] was sent to you on 10 May 2017 for an opportunity to comment prior to being considered by the Board. After the 30 day period for comment expired without a response, the case was presented to the Board. 

You enlisted in the Marine Corps and began a period ofactive duty on 1September 1986. On 2 1 September 1986, you received nonjudicial punishment (NJP) for disobeying a lawful order and refusing to stand in the position of attention after being told by the First Sergeant. On 30 October 1987, you were convicted at a summary court martial (SCM) for assault on a noncommissioned officer and disobeying a lawful order. As a result of the foregoing, administrative discharge proceedings were executed where the separation authority recommending an other than honorable (OTH) discharge by reason ofmisconduct due to pattern of misconduct. The Board noted that you waived an administrative discharge board. On 24 December 1987, you were discharged with an OTH characterization ofservice. 

After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. The Board, in its review of your record, and application with supporting documentation, carefully weighed all potentially mitigating factors, such as your assertion of Post-Traumatic Stress Disorder (PTSD) as a reason for your misconduct. Your assertion of PTSD was also carefully considered by the Board in light of the Secretary ofDefense's Memorandum "Supplemental Guidance to Military Boards for Correction of Military/Naval Records Conside1ing Discharge Upgrade Requests by Veterans Claiming Post-Traumatic Stress Disorder" of September 3, 2014. The Board substantially concurred with the comments contained in the advisory opinion. Specifically, the Board noted that your in-service medical notes did not reveal any clear symptoms of PTSD and there were no post-service medical notes attesting to symptoms of PTSD. You did not provide sufficient evidence to support your assertion that PTSD may have existed during your active duty service. As a result, the Board was unable to conclude that PTSD existed at the time of your misconduct, and it was their opinion that the seriousness of your misconduct outweighed any mitigation that would be offered by the PTSD. Accordingly, your app lication has been denied. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are enti tled 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 of regularity 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 of probable material error or injustice. 

Sincerely, 

Executive Director