Search Decisions

Decision Text

NAVY | BCNR | CY2014 | NR0896 14_Redacted
Original file (NR0896 14_Redacted.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

SIN
Docket No: 0896-14
12 March 2015

 

This is 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

18 February 2015. 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.

ui

After careful and conscientious consideration of the en
record, the Board found the evidence submitted was insuf
to establish the existence of probable material error or

LIVjustilee.

tet
Ar
H

KH
am

tent

You enlisted in the Navy and began a period of active duty on

2 August 1993. On 24 November 1993, you received nonjudicial
punishment (NUP) for underage drinking, disobedience, possession
of a false military identification card, and conduct prejudice to
good order and discipline. On 8 March 1995, you received NUP for
wrongful use of a controlled substance. Subsequently,
administrative discharge action was initiated by reason of

misconduct due to wrongful drug use. You waived your rights to
consult counsel, submit a statement, or have your case heard by
an administrative discharge board (ADB). Your case was forwarded

to the separation authority recommending that you be discharged
under other than honorable (OTH) conditions by reason of
misconduct. The separation authority concurred and directed an
OTH discharge by reason of misconduct. You were so discharged on
5 April 1995.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, desire to upgrade your discharge, that
your post service diagnosed post-traumatic stress disorder (PTSD)
contributed to your misconduct while on active duty, and
contention that your lied about your use of a controlled
substance. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your two NJPs, one of which was for wrongful drug use. The
Board noted that you waived the right to an ADB, your best chance
for retention or a better characterization of service. Regarding
your assertion that you were suffering from PTSD when your
misconduct occurred, the Board noted that the severity of your
misconduct outweighed the mitigations of your post service
diagnosed PTSD. Further, it is well settled in the law that if a
Sailor procures a discharge by fraud, he should not benefit from
the fraud when it is discovered. Therefore, if you lied to get
out of the military as you contend, no corrective action would be
appropriate. 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.

Sincgevel

ROBERT J. O'NEILL
Executive Director

Similar Decisions

  • NAVY | BCNR | CY2014 | NR896 14

    Original file (NR896 14.pdf) Auto-classification: Denied

    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. Subsequently, administrative discharge action was initiated by reason of misconduct due to wrongful drug use. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your record of service, desire to upgrade your...

  • NAVY | BCNR | CY2014 | NR621 14

    Original file (NR621 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2014 | NR1004 14_Redacted

    Original file (NR1004 14_Redacted.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 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. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your record of...

  • NAVY | BCNR | CY2011 | 04674-11

    Original file (04674-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 February 2012. 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. With that being said, if you lied to get out of the Navy as you assert, no corrective action would be appropriate.

  • NAVY | BCNR | CY2010 | 11377-10

    Original file (11377-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 July 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2014 | NR3461 14

    Original file (NR3461 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 March 2015. Subsequently, administrative discharge action was initiated by reason of misconduct due to wrongful drug use, You waived your rights to consult counsel, submit a statement, or have your case heard by an administrative discharge board (ADB). Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...

  • NAVY | BCNR | CY2013 | NR462 13

    Original file (NR462 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 October 2013. 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...

  • NAVY | BCNR | CY2011 | 05868 11

    Original file (05868 11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 March 2012. On 14 April 1995, you received the OTH discharge for misconduct (drug abuse). 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.

  • NAVY | BCNR | CY2014 | NR4323 14

    Original file (NR4323 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, Sitting in executive session, considered your application on 21 April 2015. Subsequently, administrative discharge action was initiated by reason of misconduct due to wrongful drug use. 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.

  • NAVY | BCNR | CY2014 | NR4503 14

    Original file (NR4503 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 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. Subsequently, administrative discharge action was initiated by reason of misconduct due to drug abuse.