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Cink THOUSE ROAD. SUITE 10634
ARLINGTON, VA 22204-2490
TAL
Docket No: 764-14
15 January 2015
This is in reference to your application
naval record pursuant to the provisions ©
States Code, section 1552.
for correction of your
f£ title 10 of the United)
cation was not filed ina timely manner, the
he interest of justice to waive the statute of
application on its merits. A
ad 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 |
ished upon request. Your allegations of error and
re 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 recora, and applicable statutes, regulations,
and policies.
Although your appli
Board found it int
limitations and consider your
three-member panel of the Boar
Rféter careful and COUNSCLENTLOUS consideration of the entire
itted was insuificient
hee
record, the Board found the evidence supmit
to establish the existence of probable material error oF
injustice.
You enlisted in the Navy and began a period of active duty on
12 October 1978. You served for a year without disciplinary
ancident, but during the period from 14 November 1979 to 12 March
1982, you received nonjudicial punishment {NTP} on four
convicted by a summary court-martial and
convicted in civil court on three occasions. Your offenses were
unauthorized absence, failure to go to your appointed place of
duty, imsubordinate conduct, failure to obey a lawful order,
larceny, writing checks without insufficient funds, and dealing
in stolen property.
occasions, were
You were notified of pending administrative discharge processing
with an other than honorable (OTH) discharge due to misconduct
{civil conviction). After consulting with legal counsel, you
elected to present your case to an administrative discharge board
(ADB). On 13 April 1982, the ADB found that you committed
misconduct and recommended that you be separated with an OTH
discharge. The separation authority agreed with the
recommendation of the ADE and directed your commanding officer to
issue you an OTH discharge by reason of misconduct and on 23
April.1982, 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 assertion that you were
- later diagnosed with post-traumatic stress disorder (PTSD) which
- besulted Erom a- rape incident during your enlistment.
Nevertheless, the Boara found that these factors were not
sufficient to warrant recharacterization of your discharge given
the seriousness of your misconduct and civil convictions.
Regarding your assertion of PTSD, the Board could not find
evidence to support this assertion. Finally, there is no
provision of law or in Navy regulations that allows for
yecharacterization of service due solely to the passage of time.
Accordingly, your application has been denied.
Tt 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 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'NETLL
Executive Director
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