DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 494-14
10 February 2015
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
21 January 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 25 October 1982. On 28 January and 13 February 1985, you
received nonjudicial punishment (NJP) for four days of
unauthorized absence (UA) and disobedience. On 2 June 1986, you
were convicted by special court-martial (SPCM) of 393 days of UA.
You were sentenced to a forfeiture of pay, a reduction in
paygrade, and a bad conduct discharge (BCD). You received the
BCD on 20 May 1987 after appellate review was completed.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, post service medical issues, and desire
to upgrade your discharge. It also considered your assertion
that you had an undiagnosed medical condition at the time of your
misconduct. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your two NJP’s and SPCM conviction for a lengthy period of
UA. Regarding your assertion, the Board noted that the severity
of your misconduct outweighed the mitigations of your diagnosed
personality disorder. 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. 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
Fxecutive Director
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7015S, COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 TAT LAL Docket No: 1168-14 27 February 2015 D m ar 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. fy Although your application was not filed in a timely manner, the Board found it in the es of justice to waive the statute of limitations and consider your Ba ean on...