DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 12070-14
27 March 2015
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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
17 March 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 cons
record, the Board found the evidence
to establish the existence of probab
injustice.
You enlisted in the Navy and began a period of active duty on
8 July 1980. You served without disciplinary incident until
24 March 1981, when you were convicted by civil authorities of
wrongful possession of marijuana.
On 1 October 1985, you received nonjudicial punishment (NJP) for
an unspecified period of unauthorized absence (UA). About five
months later, on 13 February 1986, you received NUP for wrongful
use of marijuana. As a result, you were processed for an
administrative separation by reason of misconduct due to drug
abuse. After consulting with legal counsel you submitted a
statement in which you requested a general discharge because you
felt that your misconduct did not warrant a discharge under other
than honorable conditions and asserted that your drug use was a
coping mechanism to aid your Sleeping as a result of shiftwork.
On 3 March 1986, your commanding officer recommended separation
under other than honorable conditions by reason of misconduct due
to drug abuse, which was in direct disregard to the Navy’s ‘Zero
Tolerance’ Policy, and conviction by civil authorities for
possession of gmarijuana. Prior to the discharge authorities’
review, you were committed further misconduct, specifically; you
failed to obey a lawful order and again wrongfully used
marijuana. These offenses were referred for trial by court-
martial, and on 7 May 1986, you were convicted by special court-
martial (SPCM) of the foregoing offenses and sentenced to
confinement for two months, reduction to paygrade E-2, a $800
forfeiture of pay, and a bad conduct discharge (BCD).
Subsequently, the BCD was approved at all levels of review and on
16 October 1987, you were so discharged.
The Board, in its review of your entire record and application
with supporting documentation, carefully weighed all potentially
mitigating factors, such as your desire to recharacterize your
discharge and your assertions that your drug abuse was originally
a coping mechanism to sleep but subsequently adjusted this
statement to indicate that your drug use was due to your
suffering from Post-Traumatic Stress Disorder (PTSD), pre-service
and service related sexual assaults, and undiagnosed mental
conditions. The Board further considered your request for
corrections to your Certificate of Release or Discharge from
Active Duty (DD Form 214). Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your repeated
drug related misconduct in both the military and civilian
communities. Further, you provided no evidence to support your
assertions of PTSD, sexual assault or abuse, or undiagnosed
mental conditions. Accordingly, your application has been
denied.
Regarding your request for corrections to your DD Form 214, you
may wish to contact the Department of Navy, Navy Personnel
Command (BUPERS), Code Pers-312, 5720 Integrity Drive,
Millington, TN 38055-3120, to request these changes and the
reissuance of a DD Form 214 which reflects these changes, if
warranted.
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 or other matter not previously considered by the Board
within one year from the date of the Board’s decision. 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,
oad. O' NEILGL
Executive Director
NAVY | BCNR | CY2014 | NR12070 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 2015.. Asa result, you were processed for an administrative separation by reason of misconduct due to drug under other ‘than honorable conditions by reason of misconduct due to drug abuse, which was in direct Gisregard to the Navy's ‘Zero Tolerance’ Policy, and conviction by civil authorities for possession of marijuana. Consequently, when applying for a...
ARMY | BCMR | CY2015 | 20150005169
In effect, the applicant got involved with drugs due to the stress of his job in Vietnam and he used drugs as a way help him deal with the daily stress of life as a combat Soldier and infantryman in Vietnam. (2) Traumatic nightmares. In view of the foregoing, on 3 September 2014 the Secretary of Defense directed the Service Discharge Review Boards (DRBs) and Service Boards for Correction of Military/Naval Records (BCM/NRs) to carefully consider the revised PTSD criteria, detailed medical...
ARMY | BCMR | CY2014 | 20140009500
b. Criterion B, intrusion symptoms: The traumatic event is persistently re-experienced in the following way(s): (one required). In view of the foregoing, on 3 September 2014 the Secretary of Defense directed the Service Discharge Review Boards (DRBs) and Service Boards for Correction of Military/Naval Records (BCM/NRs) to carefully consider the revised PTSD criteria, detailed medical considerations and mitigating factors when taking action on applications from former service members...
ARMY | BCMR | CY2015 | 20150000730
On 1 April 1986, the applicants immediate commander notified the applicant that he was initiating separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, for misconduct. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. In view of the foregoing, on 3 September 2014 the Secretary of Defense directed the Service Discharge Review...
ARMY | BCMR | CY2014 | 20140010240
The applicant's record is void of documentation showing he received a diagnosis of PTSD or reported symptoms of PTSD during his Army service. In view of the foregoing, on 3 September 2014 the Secretary of Defense directed the Service Discharge Review Boards (DRBs) and Service Boards for Correction of Military/Naval Records (BCM/NRs) to carefully consider the revised PTSD criteria, detailed medical considerations and mitigating factors when taking action on applications from former service...
ARMY | BCMR | CY2015 | 20150001167
In view of the foregoing, on 3 September 2014 the Secretary of Defense directed the Service Discharge Review Boards (DRBs) and Service Boards for Correction of Military/Naval Records (BCM/NRs) to carefully consider the revised PTSD criteria, detailed medical considerations and mitigating factors when taking action on applications from former service members administratively discharged UOTHC and who have been diagnosed with PTSD by a competent mental health professional representing a...
NAVY | BCNR | CY2014 | NR510 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 January 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 frequent involvement.
ARMY | BCMR | CY2014 | 20140020325
e. He didn't feel the ADAPCP was the right thing for him, and he doesn't understand how putting out a Soldier with a drinking problem with a general discharge is good for the Army or the Soldier. In view of the foregoing, on 3 September 2014 the Secretary of Defense directed the Service Discharge Review Boards and Service Boards for Correction of Military/Naval Records (BCM/NRs) to carefully consider the revised PTSD criteria, detailed medical considerations and mitigating factors when...
NAVY | BCNR | CY2014 | NR3458 14_Redacted
a three-member panel of the Board for Correction of Naval Records, Sitting in executive session, considered your application on 25 March 2015. Documentary materia considered by the Board ¢ your application, together with all material submitted in support a : = thereof, your naval Tecora, anda 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...
ARMY | BCMR | CY2015 | 20150006222
The DD Form 214 contained in his records shows that on 15 April 1969, he was discharged under other than honorable conditions under the provisions of Army Regulation 635-206 (Personnel Separations Discharge Misconduct (Fraudulent Entry, Conviction by Civil Court, and Absence without Leave or Desertion)) due to conviction by civil authorities. In view of the foregoing, on 3 September 2014 the Secretary of Defense directed the Service Discharge Review Boards (DRBs) and Service Boards for...