DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 1105-15
30 July 2015
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
15 May 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.
In regard to your request for a personal appearance, be advised
that Board regulations state personal appearances before the
Board are not granted as a right, but only when the Board
determines that such an appearance will serve some useful
purpose. In your case, the Board determined that a personal
appearance was not necessary and considered your case based on
the evidence of the record.
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
Enjustice.
You accepted a commission in the Marine Corps and began a period
of active duty on 3 April 1998. You served without disciplinary
incident until 10 December 1999, when you received a formal
counseling for failure to pay just debts and failure to be
forthright with information when questioned by your chain of
command. On 15 June 2007, a command investigation was conducted
and you were charged with several violations of the Uniform Code
of Military Justice (UCMJ). On 25 September 2007, you submitted
a request for resignation for the good of service and on
26 September 2007, you received nonjudicial punishment (NJP) for
disobeying a superior commissioned officer, failure to obey
regulations, false official statement, larceny, and fraud. As a
result, you received a punitive letter of reprimand and your
‘request for resignatjon, was approved. On 6 December 2007, you
were dischargeg:with* ari other than honorable characterization of
service due to"unacceptable conduct.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your character of service and assertion
of post-traumatic stress disorder (PTSD) as a reason for your
misconduct. Nevertheless, the Board concluded these factors
were not sufficient to warrant relief in your case, given the
seriousness of your misconduct and your voluntary request for
resignation for good of service. Accordingly, your application
has been denied.
Your assertion of PTSD was carefully considered by the Board in
light of the Secretary of Defense's Memorandum “Supplemental
Guidance to Military Boards for Correction of Military/Naval
Records Considering Discharge Upgrade Requests by Veterans
Claiming Post-Traumatic Stress Disorder” of September 3, 2014.
Although the Board was able to substantiate your claims of PTSD
at the time of your misconduct, it was their opinion that the
seriousness of your misconduct outweighed any mitigation that
would be offered by the PTSD.
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 or other matter not previously considered by
the Board within one year from the date of the Board’s 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'NEILL
Executive Director
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 TIE Docket No: 3690-15 14 May 2015 thre Lli- Oo mn MtQea O. (0 fF ow mow cS YOu were commissioned in the Navy ana began a& period of active duty or. € October 2005 You serveda for nearly three years without disciplinary incident, but on $ May 2008, you sub your resignation from the Navy in lieu of trial by court- in this regard, on 12 May 2008, you received...
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