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ARLINGTON. VA 22204-2480
TAL
Docket No: 646-14
15 January 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 you 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
14 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.
vou enlisted in the Navy anc began a period of active duty on
14 September 1995. You served for nearly six months without
disciplinary incident, but during the period of 3 March 1996 to
13 February 1997, you received nonjudicial punishment (NUP) on
four occasions. Your offenses were making a false official
statement, obtaining services under false pretenses, preaking
restriction, unauthorized absence, and failure to obey written
regulations.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to a pattern of misconduct
at which time you waived your procedural rights to consult with
legal counsel and to present your case to an administrative
Qischarge board (ABD). Your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to a pattern of misconduct. The discharge
authority approved this recommendation and directed separation
under other than honorable conditions by reason of misconduct,
and on 320 May 1997, you were 50 discharged.
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 and assertion that you were
tater diagnosed with post-traumatic stress disorder (PTSD) which
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resulted from your service in Iraq. . Nevertheless, the. Board
found that these factors were not sufficient to warrant
yecharacterization of your discharge given the seriousness of
your misconduct. Regarding your assertion of PTSD and service in
Traq, the Board could not find evidence to support this
assertion. Finally, the Board noted that you waived the right to
an ADB, your best opportunity for retention or a better
characterization of service. 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 antitled 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
Peecutive Director
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