we A ee ee Te arn uri
i
DEPARTMENT OF THRE NAY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE i001
ARLINGTON, VA 22204-2490
SIN
Docket No: 2657-14
18 December 2014
pear
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
9 December 2014. 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 Navy and began a period of active duty on
26 April 1982. Based on the information currently contained in
your record, you received eight nonjudicial punishments (NJPs)
for failing to go to your appointed place of duty, unauthorized
absence, disobedience, wrongful use of marijuana, uttering
worthless checks, failing Lo pay just debts, and forgery.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to a pattern of misconduct. After being
afforded all of your procedural rights, your case was forwarded
to the separation authority recommending that you receive an
other than honorable (OTH) discharge due to misconduct. On
19 dune 1985, the separation authority concurred and directed an
OTH discharge by reason of misconduct. You were so discharged on
21 June 1985.
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, post
service mental health report for depression, and assertion that
your misconduct was directly related to you suffering from
sexual trauma. Nevertheless, based on the information currently
contained in your record, the Board concluded these factors were .
not sufficient to warrant recharacterization of your discharge
_ given your eight NUPs, one of which was for wrongful drug use.
. Regarding your assertion that sexual trauma contributed to your
misconduct, the Board noted that the severity of your misconduct
outweighed the mitigations of your assertion. Finally, there is
no evidence in the record to support it, and you provided none.
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. — Consequentiy, 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 | CY2013 | NR4019 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 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. 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 | NR4503 14
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.
NAVY | BCNR | CY2014 | NR2404 14
A three-member panel of the Board for Correction of Naval: Records, sitting in executive session, considered your application on - “ 10.April 2015... Finally, the Board concluded that the Department of Veterans Affairs (DVA) decision to recharacterize your service to “Honorable” for the --: sole purpose of receiving benefits does not negate your misconduct while: serving on active. for a correction of an official naval record, the burden is on- the applicant to demonstrate the existence of...
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...
NAVY | BCNR | CY2013 | NR4115 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 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. 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 | CY2013 | NR5808 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 May 2014. You were then advised that your command was administratively separating you with an other than honorable (OTH) characterization of service due to misconduct. 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 | NR3171 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 2 December 2014. Your allegations of error and injustice were reviewed in accordance with administrati regulations and procedures applicable to the proceedings of t Board. Your commanding officer then recommended you for administrative separation with an other than honorable (OTH) characterization of service discharge due to misconduct (drug abuse - use).
NAVY | BCNR | CY2013 | NR5658 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 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. 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 | CY2008 | 07936-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2009. On 18 March 1988, you were notified of pending administrative separation processing for an other than honorable (OTH) discharge for commission of a serious offense (having sex with a 15 year old female). On 13 April 1988, you received the OTH discharge for misconduct for commission of a serious offense, and were assigned an RE-4 reenlistment code.
NAVY | BCNR | CY2014 | NR5458 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 May 2015. application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 27 July 1987, administrative discharge action was initiated by reason of misconduct.