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NAVY | BCNR | CY2014 | NR12036 14_Redacted
Original file (NR12036 14_Redacted.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

TLG
Docket No: 12036-14
19 August 2015

MR

Dear Mr.

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. The application was filed in

a timely manner.

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 August 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.

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 6 July 1988. During the period from 24 April 1990 to

1 November 1991, you received three nonjudicial punishments
(NJP) for absence from your appointed place of duty, disrespect,
wearing unauthorized civilian attire, and disobeying a lawful
order. You were also convicted by general court-martial (GCM)
of failure to obey a lawful order, larceny, writing bad checks,
and impeding an investigation.
You were sentence to confinement for four months, forfeiture of
pay, reduction to E-1, and a bad conduct discharge (BCD). After
the BCD was approved at all levels of review, on 11 April 1996,

you were so discharged.

 

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 assertion that you
were found guilty of only one theft. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
relief given your misconduct. In this regard, the Board
concluded that the seriousness of your misconduct outweighed
your desire to upgrade your discharge as evidenced by your three
NPJs, GCM, and separation from the Marine Corps. The Board also
was not persuaded by your assertion that you were found guilty
of only one theft. Regarding your diagnosis of post-traumatic
stress disorder, the Board determined that your diagnosis did
not exist at the time of your discharge. In the end, the Board
concluded that your misconduct was too serious to warrant
upgrading your discharge. 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.

Sincerely,

   

ROBERT J. O'NEILL
Executive Director

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