Docket No: 5261-19 
Ref: Signature Date 
 

Dear  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
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 three-member panel of the Board, sitting in executive session, considered your application on 28 August 2020.  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, relevant portions of your naval record, and applicable statutes, regulations, policies. 
 
Regarding your request for a personal appearance, the Board determined a personal appearance with or without counsel will not materially add to its understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You initially enlisted in the Navy on 14 March 1985 and served two periods of honorable service prior to reenlisting for a third enlistment on 21 August 1992.  On 1 November 1994, you received nonjudicial punishment for wrongful use of cocaine.  On 26 September 1995, you were convicted by special court-martial for an unauthorized absence of 293 days, breaking restriction, and wrongful use of cocaine.  You were sentenced to confinement, forfeiture, reduction in rank, and a bad conduct discharge (BCD).  Although the appellate review documentation is not in your record, a review of your Certificate of Release or Discharge from Active Duty (DD Form 214) reveals your BCD was subsequently approved at all levels of review, and, on 22 August 1996, you were discharged. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you suffered from undiagnosed Post-Traumatic Stress Disorder (PTSD) as the result of a “life-altering incident” which caused “major mental and physical stresses and strains” on your life.  Specifically, you contend that you were onboard the cruiser’s small boat while it was being lowered into the water.  The boat sank, with you on it, and you required rescuing.  The Board also considered your contention that if you had been diagnosed with PTSD or a mental health condition during your time in the Navy, you would have continued to serve your country as you did during your prior enlistments, and would not have received a BCD.  The Board noted that you did not submit any supporting medical documentation with your submission or in response to the Board’s letter request of 6 September 2019, that supports your contention of the traumatic event, or any documentation to be considered for clemency purposes.   In the end, the Board noted that, although it cannot set aside a conviction, it may grant clemency in the form of changing a characterization of service, even one awarded by a court-martial.  Unfortunately however, the Board, applying liberal consideration, did not find evidence of an error or injustice that warrants changing the characterization of your discharge.  
 
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 of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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,