DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 5327-14
30 July 2015
Dear
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.
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
15 May 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 6 December 1977. You served for a month without
disciplinary incident, but during the period from
26 January 1978 to 17 August 1978, you received nonjudicial
punishment (NJP) on three occasions. Your offenses were
unauthorized absence (UA), breaking restriction, and sleeping on
post. Shortly thereafter, you began multiple periods of UA for
a total of 123 days. In addition to your absences, you were
also charged with destruction of government property. Asa
result, you were referred to a Special Courts-Martial (SPCM).
On 25 May 1979, you submitted a request for an undesirable
discharge for good of service to escape trial by courts-martial.
On 20 June 1979, you were discharged with an other than
honorable characterization of service.
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 and assertion
of post-traumatic stress disorder (PTSD) as a reason for your
misconduct. Nevertheless, the Board concluded these factors
were not sufficient to warrant relief in your case, given the
seriousness of your misconduct and request for discharge in
order to escape trial by courts-martial. Accordingly, your
application has been denied.
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 Considering Discharge Upgrade Requests by Veterans
Claiming Post-Traumatic Stress Disorder” of September 3, 2014.
Based on the guidelines of the memo, the Board determined
insufficient evidence exists for a finding of PTSD. In addition,
it was their opinion that the seriousness of your misconduct
outweighed any mitigation that would be offered by the PTSD.
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 | NR5327 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2014 | NR5393 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 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. During the period from 27 August 1992 to 24 March 1993, you were again UA on seven occasions for 35 days.
NAVY | BCNR | CY2014 | NR5393 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 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. During the period from 27 August 1992 to 24 March 1993, you were again UA on seven occasions for 35 days.
NAVY | BCNR | CY2014 | NR8553 14
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7018S. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2015. 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 | NR2340 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 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. As a result, on 2 February 1973, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for...
NAVY | BCNR | CY2014 | NR2340 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 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. As a result, on 2 February 1973, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for...
NAVY | BCNR | CY2014 | NR8553 14_Redacted
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7011S. 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. On 18 June 1976, you werg igsued an other than honorable discharge.
NAVY | BCNR | CY2014 | NR4296 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2014 | NR4296 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. 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 | CY2014 | NR764 14
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval recora, and applicable statutes, regulations, and policies. occasions, were You were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct {civil conviction). Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the...