DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket. No: 9307-13
17 November 2014
This ig in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 4
November 2014. 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, 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 27 September 1994. The Board found that during the
period from 21 January to 20 August 1996, you were counseled on
three occasions regarding driving while intoxicated, driving ona
revoked license, speeding, improper passing and blatant disregard
for human life. You were warned on each occasion that further
misconduct could result in administrative discharge action.
Additionally, you received nonjudicial punishment (NJP) for three
periods of unauthorized absence (UA) totaling 17 days. On
14 November 1996, you were convicted by special court-martial
(SPCM) of four specifications of failing to go to your appointed
place of duty, and two specifications of UA totaling 27 days. On
16 January 1987, you were admitted into a residential alcohol
treatment facility. However, on 11 February 1997, you began a
period of UA that lasted 98 days, ending on 20 May 1997. On
23 May 1997, you were counseled regarding your blatant disregard
for good order and discipline due to your alcohol treatment
failure. Subsequently, administrative separation action was
initiated to separate you by reason of misconduct due to minor
disciplinary infractions and alcohol treatment failure. After
being afforded all of your procedural rights, you received an
other than honorable discharged on 13 June 1997.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and contention that sexual trauma caused your last period
of UA. The Board also considered your statement that you suffer
from post-traumatic stress disorder (PTSD). Nevertheless, the
Board found no evidence to substantiate your claims and
determined that these factors and contentions were not sufficient
to warrant recharacterization of your discharge given your NUP,
SPCM conviction, failure to adhere to your command alcohol
treatment program, and lengthy period of UA prior to your
discharge. Finally, the Board noted that it appears you waived
the right to an ADB, your best chance for retention or a better
characterization of service. With regard to your contention of
sexual trauma and statement of PTSD, there is no evidence in the
record, and you provided none to support them. Accordingly, your
application has been denied.
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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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.
Singeyely,
ROBERT J. O'NEILL
Executive Director
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