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701 S. COU~THOUS:O ROAD. SUITE: 1001
ARLINGTON, VA 22204-2490
BC
Docket No : 00164-14
Dear Mr .
This is in reference ~o your application for correction of your
naval record pursuant to the provisions of title 10 of the
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 14 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 considerat~on 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 9 October 1984 . On 17 July 1985, you were convicted by
civil authorities of possession of stolen property and were
sentenced to 180 days confinement and three years probation . On
4 October 1985, you received nonjudicial punishment (NJP) for
bein g absent from your appointed place of duty. On 17 December
1985, you received NJP for two incidents of being absent from
your appointed place of duty and breaking restriction on two
occasions . Subsequently, you were notified of pending
administrative separation by reason of misconduct due to civil
conviction at which time you elected to have your case heard by
an a dministrative discharge board (ADB) . On 4 February 1986,
the ADB found that you did commit misconduct and recommended
5 USC 522(b)(5)5 USC 522(b)(5)5 USC 522(b)(5) thal you be separated . Your comn~nding officer agreed with Lhe
ADB and forwarded his recommendacion. The discharge au choYity
approved these recommendations and directed separation under
other than honorable conditions by reason of misconduct, and on
10 March 1986, you were so discharged and assigned an RE-4
(ineligible for reenlistment) reenlistment code .
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors , such as
your desire to upgrade your discharge and contention t hat you
should have received a medical discharge based on your claim of
pose-traumatic stress disorder (PTSD). Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case because of the seriousness of your misconduc t and lack
of material evidence to support PTSD . 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 enti tled to have
the Board reconsider its decision upon submi ssion of new and
material evidence within one year from the date of the Board's
decision . New evidence is evidence not p reviously considered by
the Board prior to making its decision in your case.
In this
regard, it is important to keep in mind that a presumpt i on 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 ex i stence of
probable material error or injustice .
ROBERT J . O'NEILL
Executive Director
2
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