DEPARTMENT OF THE NAVY 

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

Docket No: 958-16 
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 threemember 
panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 22 April 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 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 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 of active duty on 28 January 2008. You 
served without disciplinary incident until 13 January 2010, when you received nonjudicial 
punishment (NJP) for failure to obey orders. On 16 February 2012, you were convicted by 
summary court-martial (SCM) ofwrongful use and possession of a controlled substance. As a 
result of the foregoing, administrative discharge action was initiated. After being afforded your 
procedural rights, the separation authority directed an other than honorable discharge by reason 
of misconduct due to drug abuse. On 14 March 2012, you were so discharged. 

The Board, in its review ofyour record, although incomplete, and application with supporting 
documentation, carefully weighed all potentially mitigating factors, such as your desire to 
upgrade your character ofservice and assertion of Post-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 because no error or injustice was identified in your records and you 
submitted no evidence to support your claim of a PTSD diagnosis. Accordingly, your 
application has been denied. 

Your assertion of PTSD 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. However, the Board concluded that the 
statements you provided were not enough to outweigh the seriousness of your misconduct, which 
included drug abuse. Additionally, you provided no evidence to support your assertion that 
PTSD may have existed at the time of your misconduct. As a result, the Board was unable to 
substantiate your claims of PTSD at the time of your misconduct and it was their opinion that the 
seriousness ofyour misconduct outweighed any mitigation that would be offered by the PTSD. 

It 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 matters 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 of an 
official naval record, the burden is on the applicant to demonstrate the existence ofprobable 
material error or injustice. 

Sincerely, 

Executive Director