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70: S. COURT~OU!O!:: ROAD. SU I TE 1001
AR LI NG TO N . VA. 22204-2 4 90
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Docket No: 3410-14
4 December 2014
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 .
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
19 November 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 n aval record, and applicable statutes, regulations,
and policies .
After careful and conscientious consideration of the entire
record, che Board found che evidence submicted was ~nsufficienc
to establish the existence of probable material error or
injustice .
You reenlisted in the Navy on 24 Oc~ober 1980 after three years
of prior satisfactory service . You continued to serve for one
year and nine months without disciplinary incident, but during
the period of 22 September 1982 to 21 April 1983, you received
nonjudicial punishment (NJP) on three occasions . Your offenses
were failure to go to your appointed place of duty and
unauthorized absence .
Based on the information currently contained in your record it
appears that you were subsequently processed for separat~on by
reason· of misconduct (pattern of misconduct) .
this processing, you would have acknowledged the separation
action and the discharge authority would have approved a
recommendation for separation . The record clearly shows that on
27 May 1983, you were discharged with an other than honorable
separation by reason of misconduct (pattern of misconduct) .
In connection with
..
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 of being
diagnosed with post-traumatic stress disorder (PTSD ) .
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
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suffering from PTSD, the Board noted that you did not provide a
diagnos i s and that the severity of your misconduct outweighed the
mitigation of your poss i ble diagnosis . Accordingly, your
application has been den ied .
It is regretted that the circumstances of your case are such that
favo r able act i on cannot be taken . You are entitled to have the
Board r e consider 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 t o making its decision in your case .
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 app licant to demonstrate the existence of probable material
error or injustice .
In this regard, it is
ROBERT J. O'NEILL
Executive Director
2
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