DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 1318-17

Dear

This is in reference to your application for correction ofyour 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 oflimitations 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 5 September 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 of your application, together with all material submitted in support thereof, relevant portions of your naval record, Advisory Opinion (AO) dated 12 July 2017 by Bureau ofMedicine and Surgery, and applicable statutes, regulations and policies.
 
You enlisted in the Marine Corps on 2 December 1992. During the period from 7 April to 
10 November 1993, you received nonjudicial punishment (NJP) on three occasions. Your offenses were failure to go to appointed place ofduty, three specifications of willful disobedience of an Non-Commissioned Officer (NCO), two specifications ofdisrespect to an NCO, two specifications ofwillfully disobeying a lawful order from an commissioned officer, two specifications ofbeing absent from your appointed place ofduty, and wrongful use of cocaine. You were also convicted by special court martial (SPCM) of two specifications of. willfully disobeying a lawful order from an commissioned officer, wrongful use of cocaine, and breaking restriction. Subsequently, you were notified ofpending administrative separation action by reason ofmisconduct due to commission ofa serious offence. After you waived your procedural rights, your commanding officer recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to commission ofa serious offence. The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct. On 17 May 1994, you were discharged. 

After careful and conscientious consideration ofthe entire record, the Board found 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 rebuttal to the AO dated 12 July 2017, Department ofVeterans Affairs (DVA) diagnoses, your desire to upgrade your character ofservice and contention ofpost-traumatic stress disorder (PTSD) as a reason for your misconduct. Your contention ofPTSD was carefully considered by the Board in light ofthe Secretary of Defense's Memorandum "Supplemental Guidance to Military Boards for Correction ofMilitaryINa val Records Considering Discharge Upgrade Requests by Veterans Claiming Post­Traumatic Stress Disorder" ofSeptember 3, 2014. However, the Bo.ard concluded these factors were not sufficient to warrant relief in your case and agreed with the AO. Specifically, the preponderance ofthe evidence was insufficient evidence to support your contention that you had a service connected PTSD which contributed to your misconduct and drug abuse. Accordingly, your application 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 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 of regularity 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