: 7O1 & COURTHOUSE ROet, SUITE 10014
ARLINGTON, VA 222 4-24909
TUR
Docket No
25 November
This is in. reference to your application for correction
naval record pursuant to the provisions of Title 10, Uni
States Code, Section 1552.
A three-member panel of th
Records, sitting in executi
error
EEAEL
adminis
ve i
dings of i
Chis
1
military custody, and were
oO
f
21 September 1978, you subm
than honorable discharge in
martial Prior to submitti
qualified military lawyer a
rights and warned of the pr
accepting such a discharge
Hie
obable advers
Subsequently,
aay
c
—
LO
~~]
~J
wv
ct
OF
Me
od of active duty You serv
ylinary infractions, but duri
gust 1978, you were in
-atus on two occasions, a
apprehended by civil aut
g periods of UA
itted a written
order to avoid
this request
f 4
a
om
oO
c
cath
be
yi
oO Or
Nh) ~J W
age of 1
ed for
g the
scaped
ies
co
|
|
j
the commanding off
han honorable discharge x le goo
service. As a result of this ion, you were spared the stigma
of a court-martial conviction and the potential penalties of a
punitive discharge and confinement at hard labor. On 10 October
1978, you were issued an other than honorable discharge.
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, post service conduct which
4ncludes a civil conviction in July 1979 for attempted safe
breaking and breaking and entering. It also considered your post
medical and mental histories of psychology consultations, health
assessments, and therapist evaluations for a head injury in 1993
while in custody of civil authorities and drug abuse, expected
symptoms of post-traumatic stress disorder, major depressive
disorder, mild retardation, high blood pressure, and traumatic
brain injury during the period from 1996 to 2013.
The Board concluded the foregoing factors were not sufficient to
warrant relief in your case because of the seriousness of your
periods of UA which resulted in your request for discharge. The
Board believed that considerable clemency was extended to you
when your request for discharge to avoid trial by court-martial
was approved. Further, the Board concluded that you received the
benefit of your bargain with the Marine Corps when your request
for discharge was granted and you should not be permitted to
change it now. Finally, the Board determined that your post
service conduct and post medical and mental histories were not
enough to outweigh the significant misconduct you committed.
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 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
4s on the applicant to demonstrate the existence of probable
material error or injustice.
Sincerel
ROBERT J.
Executive Director
NAVY | BCNR | CY2013 | NR6328 13
Documentary material considered by ; a the Board consisted of your application, tegeLher with al material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. The Board concluded the foregoing factors were not sufficient to warrant relief in your case because of the seriousness of your periods of UA which resulted in your request for discharge. consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2014 | NR11612 14_Redacted
Documentary material considered by of your application, together with all : in support thereof, your naval record, and regulations, and policies record r personality n immaturi heroin, cocaine, amphetamine uana, a diethylamide (LSD). Further, the Board concluded that you received the benefit of your bargain with the Navy when your request for discharge was granted and you should not be permitted to charige it now. Consequently, when applying for a correction of an official naval record,...
NAVY | BCNR | CY2000 | 03714-00
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. Pursuant to reference (a) a review of enclosure (1) was conducted to form opinions about the subject petitioner's claims that he suffered fiom Post Traumatic Stress Disorder at the time of his service and that this was a significant contributing factor to the misconduct that lead to his discharge. The misconduct that...
NAVY | BCNR | CY2001 | 00360-01
evidence in available medical records that you were referred for psychiatric evaluation. On 26 August 1980 the Naval Discharge Review Board (NDRB) denied your request for recharacterization of your discharge. The Board concluded that the foregoing factors and contentions were insufficient to warrant recharacterization of your discharge given your record of four NJPs and the serious nature of the charges of which you were convicted by civil authorities.
NAVY | BCNR | CY2001 | 08643-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 June 2002. On 6 October 1977 an ADB recommended an other than honorable discharge by reasion of misconduct due to civil conviction. 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 | CY2002 | 08125-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 12 April 1973 you received NJP for two periods of absence from your appointed place of duty, disobedience, and a five day period of UA. November 1976, you submitted a written request for an undesirable discharge in order...
NAVY | BCNR | CY2001 | 03842-01
There is no documentation of symptoms of depression, alcohol abuse, or any other psychiatric disorder. It is unlikely that symptoms of a post-traumatic stress disorder or major depressive disorder would have "caused or significantly contributed to the misconduct of record." In summary, it does not appear that this individual's diagnosed post-traumatic stress disorder and depressive disorder were symptomatic during his period of service.
NAVY | BCNR | CY2007 | 09234-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2008. 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 | CY2002 | 10974-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 October 2003. On 24 June 1968 you were convicted by SCM of a 15 day period of UA and sentenced to a $65 forfeiture of pay and confinement at hard labor for 30 days. 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 | CY2015 | NR1536 15_Redacted
tatute of limitations and consider your application on its A three-member panel of the Board for Correction of Naval Records, Sitting in executive session, considered your application on 8 May 2015. Subsequently, you submitted a written request for a honorable discharge in order to avoid trial by court-martial for four periods of UA totalling 239 days. On 21 February 1975, your request was granted and the commandina officer was directed to issue you an other than honorable | discharge by...