. on meen EES RT MENT OF THE NAVY 0000 oo
RA AR PA cere OR! Foe RA A eee tee
OS ee ee see fHecerlts
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 660-14
29 January 2015
pear
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.
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.
Bfter 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 Navy and began a period of active duty on 22
September 1969. You served without disciplinary incident until
11 August 1973, when you were convicted by special court-martial
(SPCM) of four specifications of selling lysergic acid
diethylamide (LSD), seven specifications of selling marijuana,
three specifications of loaning monies for profit, threatening
bodily harm, and selling hashish. You were sentenced to
confinement for four months, reduction to paygrade E-1, a $300
forfeiture of pay, and a bad conduct discharge (BCD). On 18
March 1974, you submitted a written request for a general
discharge. Nonetheless, your request was denied and the BCD was
subsequently approved at all levels of review, and on 30 January
1976, you were so 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 assertions of prejudice
treatment or racism and suffering from a post-traumatic stress
disorder (PTSD). Nevertheless, the Board concluded these factors
were not sufficient to warrant relief in your case because of the
seriousness of your repetitive drug related misconduct. Finally,
regarding your assertion of suffering from PTSD, the Board
determined that you did not provide a diagnosis and that the
severity of your misconduct outweighed the mitigation of your
possible diagnosis. 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
is on the applicant to demonstrate the existence of probable
material error or injustice.
Sincerely,
ROBERT J. O'NEILL
Executive Director
NAVY | BCNR | CY2014 | NR5880 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 June 2015. After applying these guidelines to the evidence in the case, the Board was not able to substantiate the existence of PTSD 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 | NR1168 14_Redacted
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...
NAVY | BCNR | CY2014 | NR7812 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 August 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. The policy specifically covers veterans who received other than honorable (OTH) discharges.
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 | NR5147 14
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. 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 | NR13277 14
Documentary material considered by the Board consisted of your application, together with ali material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. 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 | NR7371 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 July 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. 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 | NR8645 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 August 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 | NR13277 14_Redacted
A three-member’ panel of the Board for Correction of Naval Records, sitting in executive session, ‘considered your application on 6 January 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.