Search Decisions

Decision Text

NAVY | BCNR | CY2014 | NR4543 14
Original file (NR4543 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

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

 

JDR
Docket No: 4543-14
29 April 2015

 

This is in reference to your latest reconsideration request
dated 16 October 2014. You previously petitioned the Board and
were advised in our letter of 22 September 1995 that your
application had been denied.

Because your application was submitted with new evidence not
previously considered, the Board found it in the interest of
justice to review your application. Your current request has
been carefully examined by a three-member panel of the Board for
Correction of Naval Records, sitting in executive session on

24 April 2015. The names and votes of the members of the panel
will be furnished upon request. Documentary material considered
by the Board consisted of your application and any material
submitted in support of your application.

The Board also considered your assertion of post-traumatic
stress disorder (PTSD) in light of the Secretary of Defense's
September 3, 2014, guidance to Boards for Correction of Military
records regarding discharge upgrade requests by veterans
claiming PTSD. The Board liberally considered whether your PTSD
was a causative factor in the misconduct that resulted in your
separation. After careful and conscientious consideration of
the entire record, the Board determined that the documentation
you provided, even though not previously considered by the
Board, was insufficient to support a conclusion that a causal
relationship with the PTSD symptoms and misconduct existed.
Specifically, the Board concluded that your misconduct was not
caused by your PTSD and further determined that, even if there
was a nexus between the PTSD and the misconduct, the severity of
the misconduct would substantially outweigh any mitigation
created by your PTSD.

Accordingly, your application has again been denied. In this
regard, the Board found that your assertion is insufficient to
warrant further consideration in your case. In the absence of
sufficiently material evidence for reconsideration, the decision
of the Board is final, and your only recourse would be to
initiate action, at no cost to the Board, to a court of
appropriate jurisdiction.

Sincerely,

ROBERT J. O’NETLL
Fxeecutive Director

Similar Decisions

  • NAVY | BCNR | CY2014 | NR4543 14_Redacted

    Original file (NR4543 14_Redacted.pdf) Auto-classification: Denied

    Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application. Your current request has been carefully examined by a three-member panel of the Board for Correction of Naval Records, sitting in executive session on 24 April 2015. Specifically, the Board concluded that your misconduct was not caused by your PTSD and further determined that, even if there was a nexus between the PTSD and the...

  • NAVY | BCNR | CY2014 | NR12825 14

    Original file (NR12825 14.pdf) Auto-classification: Denied

    Your current request has been carefully examined by a three-member panel of the Board for Correction of Naval Records, sitting in executive session on 4 March 2015. Documentary material considered by the Board consisted of your application and any material submitted in support of your application. After careful and conscientious consideration of the entire record, the Board determined that the statements you provided and assertion of post-traumatic stress disorder (PTSD) asa reason for...

  • NAVY | BCNR | CY2014 | NR11609 14_Redacted

    Original file (NR11609 14_Redacted.pdf) Auto-classification: Denied

    Your current request has been carefully examined by a three-member panel of the Board for Correction of Naval Records, sitting in executive session on 26 June 2015. Documentary material considered by the Board consisted of your application and any material submitted in support of your application. After careful and conscientious consideration of the entire record, the Board determined that the statements you provided and assertion of post-traumatic stress disorder (PTSD) as a reason for...

  • NAVY | BCNR | CY2014 | NR2170 15_Redacted

    Original file (NR2170 15_Redacted.pdf) Auto-classification: Denied

    Your request has been carefully examined by a three-member panel of the Board for Correction of Naval Records, sitting in executive session on 17 March 2015. Documentary material considered by the Board consisted of your application and any material submitted in support of your application. Your assertion of PTSD was carefully considered by the Board in light of the Secretary of Defense’s Memorandum “Supplemental Guidance to Military Boards for Correction of Military/Naval Records...

  • NAVY | BCNR | CY2015 | NR2170 15_Redacted

    Original file (NR2170 15_Redacted.pdf) Auto-classification: Denied

    Your request has been carefully examined by a three-member panel of the Board for Correction of Naval Records, sitting in executive session on 17 March 2015. Documentary material considered by the Board consisted of your application and any material submitted in support of your application. Your assertion of PTSD was carefully considered by the Board in light of the Secretary of Defense’s Memorandum “Supplemental Guidance to Military Boards for Correction of Military/Naval Records...

  • NAVY | BCNR | CY2014 | NR13226 14

    Original file (NR13226 14.pdf) Auto-classification: Denied

    Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application. Your current request has been carefully examined by a three-member panel of the Board for Correction of Naval Records, sitting in executive session on 8 May 2015. After careful and conscientious consideration of the entire record, the Board determined that your assertion of post- traumatic stress disorder (PTSD) and the letter you...

  • NAVY | BCNR | CY2014 | NR13226 14_Redacted

    Original file (NR13226 14_Redacted.pdf) Auto-classification: Denied

    Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application. Your current request has been carefully examined by a three-member panel of the Board for Correction of Naval Records, sitting in executive session on 8 May 2015. After careful and conscientious consideration of the entire record, the Board determined that your assertion of post- traumatic stress disorder (PTSD) and the letter you...

  • NAVY | BCNR | CY2014 | NR4339 14_Redacted

    Original file (NR4339 14_Redacted.pdf) Auto-classification: Denied

    Your current request has been carefully examined by a three- member panel of the Board for Correction of Naval Records, sitting in executive session on 17 April 2015. New evidence is evidence not previously considered by the Board prior to making its decision in your case. 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 | NR4339 14

    Original file (NR4339 14.pdf) Auto-classification: Denied

    Your current request has been carefully examined by a three- member panel of the Board for Correction of Naval Records, sitting in executive session on 17 April 2015. New evidence is evidence not previously considered by the Board prior to making its decision in your case. 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 | NR3901 14_Redacted

    Original file (NR3901 14_Redacted.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 2015. New evidence is evidence not previously considered by the Board prior to making its decision in your case. 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.