DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0905-19 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 22 January 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, as well as applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active duty on 5 May 1992. On 30 September 1993, you were convicted by civilian authorities of leaving the scene of an accident. On 17 February 1994, you received non-judicial punishment (NJP) for failure to go to your appointed place of duty, disobeying a superior non-commissioned officer, and disrespect toward a superior commissioned officer. On 25 March 1994, you were convicted by special court-martial (SPCM) of an unauthorized absence for the period from 25 October 1993 to 14 February 1994, and an additional charge for an unauthorized absence for the period from 28 February 1994 to 9 March 1994. As punishment, you were awarded confinement, forfeiture of pay, and reduction in rank. Subsequently, you were notified of pending administrative action to separate you from the Naval Service because of misconduct due to a pattern of misconduct. You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB). Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service. The discharge authority approved the CO’s recommendation and directed that you be separated from the Naval Service with an OTH discharge. On 20 June 1994, you were so discharged. Your request for an upgrade to your characterization of service was reviewed in consideration of your contention that you suffer from Post-Traumatic Stress Disorder (PTSD) due to witnessing a death on the flight deck. Your request was fully and carefully considered by the Board in light of the Secretary of Defense's 3 September 2014 memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder,” the 25 August 2017 memorandum, “Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment,” and the 25 July 2018 memorandum, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you suffer from PTSD due to witnessing a death on the flight deck. The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in civilian conviction, NJP, and SPCM conviction. The Board noted that you waived your right to an ADB, and thereby forfeited your best opportunity to receive a better characterization of service. The Board noted that you did not provide any evidence in support of your contention. Even under the liberal consideration standard, the Board found no probable material error or injustice and determined that your misconduct warranted your OTH characterization of service. 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 the 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.