DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 03781-11
6 February 2012
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 31 January 2012. 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.
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 Navy on 4 November 1975, and served without
disciplinary incident until 14 September 1977, when you received
nonjudicial punishment (NJP) for the illegal use and possession
of a controlled substance (hashish). Shortly thereafter, you
were in an unauthorized absence status for approximately 163 days
which ended when you were apprehended by civil authorities for
disorderly conduct. Upon your return, you requested through
counsel to be separated for the good of the service (GOS) to
avoid a trial by court-martial. Your request was approved and on
10 September 1980, you were separated with an other than
honorable (OTH) discharge and an RE-4 (not recommended for
retention) reenlistment code. As a result of this action, you
were spared the stigma of a court-martial conviction and the
potential penalties of a punitive discharge and confinement at
hard labor.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, claim that you were sexually assaulted while onboard
ship that went unreported, and experienced significant mental
stress due to various incidents that you believe caused you to
develop a post traumatic stress disorder (PTSD) that was
diagnosed by the Scott County Mental Health Center in 2008.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. Furthermore, the
Board believed that considerable clemency was extended to you
when your request for discharge to avoid trial by court-martial
was approved. The Board also concluded that you received the
benefit of your bargain with the Navy when your request for
discharge was granted and you should not be permitted to change
it now. You are advised that a diagnosis of PTSD 18 years after
being discharged does not excuse your misconduct. Accordingly,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
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 and material
evidence or other matter 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,
ass
W. DEAN PHEL R
Executive tar
NAVY | BCNR | CY2001 | 02089-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your Your allegations of error and application on 28 November 2001. injustice were reviewed in accordance with administrative regulations and.procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. your application, together with all material submitted in support thereof, your naval record and applicable statutes,...
NAVY | BCNR | CY2010 | 11717-10
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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2011 | 12308 11
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. Your request was granted and on 9 November 1990, you were separated with an OTH discharge and an RE-4 reentry code, in lieu of trial by court-martial. However, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge because of your serious...
NAVY | BCNR | CY2014 | NR8553 14
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7018S. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2015. 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.
NAVY | BCNR | CY2014 | NR2340 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2015. 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. As a result, on 2 February 1973, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for...
NAVY | BCNR | CY2014 | NR2340 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2015. 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. As a result, on 2 February 1973, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for...
NAVY | BCNR | CY2014 | NR8553 14_Redacted
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7011S. 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. On 18 June 1976, you werg igsued an other than honorable discharge.
NAVY | BCNR | CY2010 | 11031-10
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. As a result, on 31 December 1975, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for the two foregoing periods of UA totalling 102 days. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2002 | 04395-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. The Board found that your request was granted on 8 On 5 July 1977 your discharge was upgraded to general under the provisions of the Special Discharge Review...
NAVY | BCNR | CY2014 | NR5393 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 May 2015. 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. During the period from 27 August 1992 to 24 March 1993, you were again UA on seven occasions for 35 days.