DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 7285-14
31 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 ina 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
10 July 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
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 29 January 1980. You served for a year and seven months
without disciplinary incident, but during the period from
18 August 1982 to 19 September 1984, you received nonjudicial
punishment (NUP) and were convicted by summary court-martial
(SCM). Your offenses were unauthorized absence (UA) from your
unit for periods totaling 183 days. You remained on active duty
until 30 September 1984, when you were released under honorable
conditions, at the expiration of your enlistment.
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 of suffering
from post-traumatic stress disorder (PTSD). Nevertheless, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct that resulted in a SCM and a period of UA
lasting more than six months. The Board believed that you were
fortunate to receive a general discharge since a separation
under other than honorable conditions is often directed when a
Marine has committed serious disciplinary infractions.
Regarding your assertion of suffering from PTSD, the Board noted
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 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
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 | NR4376 14
A three- member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 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. The Board, in its review of your entire record and application, carefully weighed all potentially mitiaating factors, such as your record of...
NAVY | BCNR | CY2014 | NR7771 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 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. In your case, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.
NAVY | BCNR | CY2014 | NR0172 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2014. On 16 May 1969, you were again convicted by SPCM for two instances of UA from your unit totaling a period of 12 days and failure to go to your appointed place of 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.
NAVY | BCNR | CY2014 | NR172 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2014. 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 16 May 1969, you were again convicted by SPCM for two instances of UA from your unit totaling a period of 12 days and failure to go to...
NAVY | BCNR | CY2014 | NR4376 14_Redacted
A three- member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 Aprii 2015. Documentary material considered by the Board consisted of your application, together with all macerial submitted in support thereof, your naval record, anc 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 | NR5226 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. 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 | NR5226 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. 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 | NR3901 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 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.