DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 7371-14
10 July 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 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
6 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
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.
You enlisted in the Navy and began a period of active duty on
5 May 1982. On 20 January 1982, you received three nonjudicial
punishment (NJP) for 10 days of unauthorized absence (UA). On
1 June 1983, you were convicted by special court-martial (SPCM)
of 134 days of UA, and breaking restriction. As part of your
sentence, you received a bad conduct discharge (BCD). You
received the BCD on 16 April 1984 after appellate review was
completed.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, desire to upgrade your discharge, and
assertion that you were, at the time of your misconduct, and
presently, experiencing Post Traumatic Stress Disorder (PTSD)
symptoms. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your NJP and SPCM conviction for a period of UA that lasted
over four months. Regarding your assertion that you were
suffering from PTSD symptoms when your misconduct occurred, the
Board noted that the severity of your misconduct outweighed the
mitigations of.your assertion. Finally, there is no evidence in
the record, and you provided none to support it. 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. Im 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.
Sin ely,
OBERT . O'NETLL
Executive Director
NAVY | BCNR | CY2014 | NR494 14
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. Consequently, when applying for a correction of an official naval record, the burden is on the...
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.
NAVY | BCNR | CY2014 | NR5845 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 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_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.
NAVY | BCNR | CY2014 | NR5593 14_Redacted
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 30} S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 iad: Hoo SEOs Docket No: 5593-14 1° F aya" f 12 February AOL'S RK three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2015. The BCD was approved at all levels of review and on 26 October 1969, you were 50 discharged The Board, in its review of your entire record and application, carefully...
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 | NR510 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 January 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. Subsequently, administrative discharge action was initiated by reason of misconduct due to frequent involvement.
NAVY | BCNR | CY2014 | NR8553 14
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7018S. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2015. 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 | NR1004 14
A. three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 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. You were so ‘discharge on 10 November 1992. : The Board, in its review of your entire record and application, carefully weighed all...
NAVY | BCNR | CY2014 | NR1004 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 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 mitigating factors, such as your record of...