Search Decisions

Decision Text

NAVY | BCNR | CY2014 | NR764 14_Redacted
Original file (NR764 14_Redacted.pdf) Auto-classification: Denied
VEraAR?T MEIN: Tm Kay
BRR HAE HE eR oe eo RECAP RE
701 S. COURTNOUSE ROAD. Suive sues
ARLINGTON, VA 22204-2490

 

ths
uh

 

2 OV
Ww

i)
(3

 

  

 

 

 

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

Liter

  
  

separates
aj Seve,

ri0dg Of ac

You enlisted in the Navy an
7 eB

12? Ocbeber 197

 

0
ry)

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

— (0
94 Q

Oo
Kh
ae
WR
hw
i
R
}
fa
va
Lo
co
bo
ct
'
Mm
Ms
bo
Fh
Oo
G
oO
Oh
ct
'D]
oy
ct
<<
0
Q
0
3
3
oo
ct
ct
om

ADB)
Dy

Bf ichke
m
oam o

Fh

a
mn
a)

misconduct anda rec
discharge. The se
recommendation oO

issue you an OTH d
April 1982,

0
et oS
b- 0,

bs
5
O20 ODO mM
Sp,
ny)

@ ct
a
cr @

r< ac

jake!
<

O

y
md
Qu

helt
300
BH-

1m +

(

=
\

-mtdo
Q
3

 

oncdc

KH Oh ct

(

Lay

LQ  F-
@m © +

he

O

CG

=

@m

Ae

mM
QM

nS

Oo w
KR

r- 0

n

Qo a

aun dM F-O

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.

B

bet
Sent
ysa

°
g
Ss

avrg

-
020 Fh OQ,

Cue

u
t you were
SD) which

ta
ig

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

Similar Decisions

  • NAVY | BCNR | CY2014 | NR8123 14

    Original file (NR8123 14.pdf) Auto-classification: Denied

    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

    Original file (NR12921 14.pdf) Auto-classification: Denied

    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.

  • NAVY | BCNR | CY2014 | NR5899 14

    Original file (NR5899 14.pdf) Auto-classification: Approved

    1 \ o M H " o 3 ; cs c = . et oO ) { 1 v | oO Vv a 'O a ‘ { ct Pa a 13 a os { a J p = se ) w ¢ va OU wW 4 s 4 ud : a 1 1 O 4H Sak oO = cg a 4 Hw OO ms ‘ ul 1) $4 i oO a ee ' q U oO iJ Y a 3 i ~ w ae a y w oO ) \ , ec ; O & /) — eH ri ++ 4 1 } ans QO . oO ¢ 2 yw cof x ci a4 a 1 O-4 Oo x $} G@ O M 2 oO =A YD i io i) ri = O WH © + m4 ~~ = r { > = > = O-d ia Bon © - > za ou mM WO cl » 3 wa w oan it a Hoo @ y Oc e 1 HG El le Za HOW 6 an.

  • NAVY | BCNR | CY2014 | NR11485 14

    Original file (NR11485 14.pdf) Auto-classification: Denied

    NGTON, VA 22204-2490 your application o the provisions Cc o A three-member panel Records, sitting ine L e application on 16 December 20 members of the panel will Your allegations of error and in accordance with administrative applicable to the proceedings material considered by the Bo 1 S together with all material su naval record, and applicable ne ae tue a a qa He wage ? we Wat — Wa eoe ame Se LY st te QO SG oO i e in eA} On b- p- a] pe tO Oo 3 Qa OQ RE oom o wy i) 3 -Orcda = Mm mn...

  • NAVY | BCNR | CY2009 | 10558-09

    Original file (10558-09.pdf) Auto-classification: Denied

    On 9 September ove administrative separation action was initiated by reason 0 am 7 a eine ; 74° a Vado 4 os misconduct for drug abuse You waived your rights to consult iL SCor#n C £ rug DUSe . The Board noted that you waived your rights to an ADB, your best opportunity for retention or a more favorable characterization of service. 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...

  • NAVY | BCNR | CY2014 | NR5036 14

    Original file (NR5036 14.pdf) Auto-classification: Denied

    Your application Ciditin, “Se ReGaets soo, T siqned a 1070/613 (Page 13) and also updated the system to transfer my POST 9-11 GI Bill entitlements to my dependents. pr-9> ac transferability request: anda 2, Complete e-ectron-c <= election using TEE.” The Board members furzher founc onlv change which occurred to the program, occurred w portal during affect the databases that contained the have not submitted any proof contrary to the Board members took into consideration, that...

  • NAVY | BCNR | CY2009 | 11558-09

    Original file (11558-09.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 9) en) 0 ct ty fay =) to Ww CG Oh 4 PR ° Board. OD Oct fe a) K bh Wy HI Q O 5 uw jt M 0 He HO 5 0) 4 ct (D R et 4 Or LQ a ct ie D cat) K = of your oy I i om un ct o a support thereof, your naval recor Pt regulations and policies In addition, the Board con enclosed advisory opinion from Headgq ine Co careful and conscientious consideration of the a 2 Gh . H- B ct ct tn £ K S 2 of...

  • NAVY | BCNR | CY2010 | 04589-10

    Original file (04589-10.pdf) Auto-classification: Denied

    4589-10 27 Sep 10 This is in reference to your application for correction of your naval record pursuant to the provisions “ee 10, USS L552 A three-member panel of the Board for Correction of Naval Records sitting in executive session, conSidered your application on 27 a 2010. Your allegations of error and injustice were reviewed n ccordance with administrative regulations and procedures able to the proceedings of this Board. Documentary material ns idered by the Board consisted of your...

  • NAVY | BCNR | CY2014 | NR11960 14

    Original file (NR11960 14.pdf) Auto-classification: Denied

    BK Qa 20 w f the Board for Correction of Naval executive session, considered your 1 2015. eae a ———— se eee New evidence is evidence not previously considered by the Board prior to making its decision in this 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 | NR5583 14

    Original file (NR5583 14.pdf) Auto-classification: Denied

    B three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 December 2014. New evidence is evidence not previously considered by the Board prior to making its decision in this case. Consequently, when applying fora correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.