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701 S. COURTNOUSE ROAD. Suive sues
ARLINGTON, VA 22204-2490
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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 time
Board found it in the interest of justice to wai
limitations and consider your application on its
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
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the oceedings of this
Board. Documentary material considered by Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable regulations,
and policies
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You enlisted in the Navy an
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8 You serv c year without disciplinary
incident, but during the period from 14 November 1979 to 12 March
1982, you received nonjudicial punishment (NJP) on four
occasions, were 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, insubordinate conduct, failure to obey a lawful order
larceny, writing checks without insufficient funds, and dealing
in stolen property
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
lected to present your case to an administrative discharge board
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The Board, in its review of your entire
carefully weighed all potentially mitiga
your desire to upgrade your discharge and
later diagnosed with post- traumatic stress di
resulted from a rape incident during your enli t.
Nevertheless, the Board 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 fin
evidence to support this assertion. Finally, there is no
provision of law or in Navy regulations that allows for
recharacterization of service due solely to the passage of time.
Accordingly, your application has been denied.
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It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are ent itled 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 HES decision. In this ae it is important to
keep in mind that a presumption of regularity attaches to all
official el 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
ROBERT J. O'NEILL
Directo
Executive
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Board for Correction of Naval Records of the Navy 2. The Board, consis reviewed Petitioner's 5792 23 March 2015 and, Pf : tt mM f b- yorsp Hw 0 @ or Hs | OM & ct QQ Y Fh cr .
NAVY | BCNR | CY2014 | NR12921 14
FO. Finally, the medical documentation you provided does not negate the diagnoses of your depressive disorder, history of drug abuse, or ADHD. 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.
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