DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 5656-14
5 August 2015
Dear
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
16 June 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.
Further, regarding your request for a personal appearance, be
advised that Board regulations state that personal appearances
before the Board are not granted as a right, but only when the
Board determines that such an appearance will serve some useful
purpose. In your case, the Board determined that a personal
appearance was not necessary and considered your case based on
the evidence of record.
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 17 May 2005. On 15 June 2005, after nearly a month of
basic training, you were transferred to the Recruit Separation
Platoon for processing due to patellofemoral syndrome and
iliotibial band syndrome. However, the separation process
ceased pending an investigation in which you subsequently
received nonjudicial punishment (NJP) on 27 June 2005, for
wrongful appropriation. On 29 June 2005, you were counseled and
advised that you were being considered for an entry-level
performance and conduct separation. The separation authority
approved and directed an entry level separation and, on
15 July 2005, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your relatively short period of service, desire to change the
Narrative reason for separation and desire to remove the NUP
from your record. The Board also considered your assertion that
you were told the record would not reflect your NJP and you
could reapply. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge given that you were notified of your separation
process within 180 days of the beginning of your period of
active service. Navy regulations authorize an uncharacterized
entry level separation if the processing for separation begins
within 180 days of entering active duty. Further, applicable
regulations state, in part, that even if a Marine is processed
for separation by reason of a medical condition, if the Marine
meets the requirements of another reason, the Marine will be
separated for the latter reason. The RE-3F reentry code may not
prohibit reenlistment, but requires that a waiver be obtained
from recruiting personnel who are responsible for reviewing the
feasibility of satisfying the Marine Corps personnel manning
goals by determining whether or not an individual meets the
standards for reenlistment. If you wish to reenlist, re-
affiliate, or be reinstated in the Marine Corps or another
branch of service, you should contact the appropriate recruiting
facility. Finally, with regard to your assertions, the Board
noted that your NUP was appropriately documented in your
official military personnel file in accordance with applicable
regulations and there is no error or injustice. 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
Executive Director
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NAVY | BCNR | CY2014 | NR5650 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 June 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 | NR5991 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 June 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.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 May 2015. Marine Corps regulations authorize an uncharacterized entry level separation if the processing of a Marine’s separation begins within 180 days of his entry on active duty. 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.
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NAVY | BCNR | CY2011 | 08022-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 August 2011. In this regard, the Board substantially concurred with the comments contained in the advisory opinion. 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 | NR10758 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. 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. After applying these guidelines to the evidence in the case, the Board was not able to substantiate the existence of PTSD in your case.
NAVY | BCNR | CY2014 | NR7236 14_Redacted
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NAVY | BCNR | CY2010 | 06530-10
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