DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 1220-14
18 February 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 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.
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 7 February 2005. You served without disciplinary
incident until 2007, when you received three nonjudicial
punishments for two specifications of disobeying a lawful order
and wrongful use of cocaine and ecstasy.
On 18 July 2008, you were administratively separated by reason
of misconduct due to drug abuse with an other than honorable
characterization of service. On 30 June 2012, the Naval
Discharge Review Board (NDRB) upgraded your characterization of
service to general under honorable conditions
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your character of service, prior
honorable service, letters of recommendation, assertion of post-
traumatic stress disorder (PTSD) as a reason for your
misconduct, and the NDRB’s decision to upgrade your character of
service. Nevertheless, the Board concluded these factors were
not sufficient to warrant relief in your case, given your
pattern of misconduct and drug abuse. Accordingly, your
application has been denied.
‘ The purpose of the Secretary of Defense memorandum on PTSD is to
ease the process for veterans seeking to upgrade an "other than
honorable" discharge based on misconduct with a Post-Traumatic
Stress Disorder (PTSD) nexus and assist the Boards in reaching
fair and consistent results. The memorandum describes the
difficulty veterans face on "upgrading their discharges based on
claims of previously unrecognized" PTSD. The Secretary explains
that since PTSD was not previously recognized as a diagnosis at
the time of service for many veterans, and diagnoses were often
not made until after service was completed, veterans were
constrained in their arguments that PTSD should be considered in
mitigation for misconduct committed or were unable to establish a
nexus between PTSD and the misconduct underlying their discharge.
The policy specifically covers veterans who received other than
honorable discharges.
You received a general discharge under honorable conditions; a
characterization of service that is greater than an other than
honorable discharge. Accordingly, the panel determined that your
application was not covered by the guidance. In making this
decision, the panel closely examined both the language and intent
of the policy memorandum.
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,
ROBERT J. O'NEILL
Executive Director
NAVY | BCNR | CY2014 | NR1220 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 February 2015. The policy specifically covers veterans who received other than honorable discharges. 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 | NR5226 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 April 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 probable...
NAVY | BCNR | CY2014 | NR5226 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 April 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 probable...
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NAVY | BCNR | CY2014 | NR3640 14
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your record of service and desire to have your SCM removed from your official records. The policy specifically covers veterans who received OTH discharges. 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 | NR1813 14
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NAVY | BCNR | CY2014 | NR4376 14
A three- member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 April 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 mitiaating factors, such as your record of...
NAVY | BCNR | CY2014 | NR4376 14_Redacted
A three- member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 Aprii 2015. Documentary material considered by the Board consisted of your application, together with all macerial submitted in support thereof, your naval record, anc 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 | CY2014 | NR4626 14
A three- member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 April 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 probable...