DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Decket No: 11871-14/
9315-13
5 February 2015
This is in reference to your recent reconsideration request. You
previously petitioned the Board and were advised in our letter of
28 October 1988 that your application had been denied.
Your current request has been carefully examined by a three-
member panel of the Board for Correction of Naval Records,
sitting in executive session on 4 February 2015. Documentary
material considered by the Board consisted. of your letter, any
material submitted in support of your application, and your prior
case file.
After careful and conscientious consideration of the entire
record, the Board determined your correspondence including your
RCS Client Information Record and letter from your veteran center
counselor, even though not previously considered by the Board,
was insufficient to establish the existence of material error or
injustice. The Board considered your diagnosis of post-traumatic
stress disorder (PTSD) and military sexual trauma (MST) in light
of the Secretary of Defense’s September 3, 2014 guidance to
Boards for Correction of Military Records regarding discharge
upgrade requests by veterans claiming PTSD. The Board liberally
considered whether your PTSD and MST were causative factors in
the misconduct that resulted in your separation. After a full
and careful consideration of the matter, the Board determined
that there was insufficient evidence in the record to support a
conclusion that a causal relationship with the PTSD and MST
symptoms and misconduct exists. Specifically, the Board
concluded that your possession of heroin and marijuana was not
caused by your PTSD or MST and further determined that, even if
there was a nexus between the PTSD, MST and drug possession, the
severity of the misconduct would substantially outweigh any
mitigation created by your PTSD or MST. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
It is regrettable 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 record, the burden is on the
applicant to demonstrate the existence of material error or
injustice.
Sincerely,
ROBERT J. O'NEILL
Executive Director
NAVY | BCNR | CY2014 | NR2404 14
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NAVY | BCNR | CY2014 | NR2404 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 April 2015. 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 applicant to demonstrate the existence of probable...
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Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application. Your current request has been carefully examined by a three-member panel of the Board for Correction of Naval Records, sitting in executive session on 24 April 2015. Specifically, the Board concluded that your misconduct was not caused by your PTSD and further determined that, even if there was a nexus between the PTSD and the...
NAVY | BCNR | CY2014 | NR4543 14_Redacted
Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application. Your current request has been carefully examined by a three-member panel of the Board for Correction of Naval Records, sitting in executive session on 24 April 2015. Specifically, the Board concluded that your misconduct was not caused by your PTSD and further determined that, even if there was a nexus between the PTSD and the...
NAVY | BCNR | CY2014 | NR4339 14_Redacted
Your current request has been carefully examined by a three- member panel of the Board for Correction of Naval Records, sitting in executive session on 17 April 2015. New evidence is evidence not previously considered by the Board prior to making its decision in your case. 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 | NR4339 14
Your current request has been carefully examined by a three- member panel of the Board for Correction of Naval Records, sitting in executive session on 17 April 2015. New evidence is evidence not previously considered by the Board prior to making its decision in your case. 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 | NR4308 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 April 2014. The Board liberally considered whether your PTSD was a causative factor in the misconduct that resulted in your discharge. 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 | NR4308 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 April 2014. 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 liberally considered whether your PTSD was a causative factor in the misconduct that resulted in your discharge.
NAVY | BCNR | CY2014 | NR10560 14
Your current request has been carefully examined by a three- member panel of the Board for Correction of Naval Records, sitting in executive session on 3 March 2015. New evidence is evidence not previously considered by the Board prior to making its decision in your case. 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 | NR6863 14_Redacted
A three- member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 June 2015. On 17 July 1985, you were notified of administrative separation by reason of misconduct due to drug abuse at which time you waived your procedural rights. 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.