DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 1536-15
14 May 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 in a timely Manner, the
Board found it in the interest of justice to waive t! tatute of
limitations and consider your application on its A
three-member panel of the Board for Correction of Naval Records,
Sitting in executive session, considered your application on 8
May 2015. The names and votes of the members of the Panel will
be furnished upon request. Your allegations of err
injustice were reviewed in accordance with administ
regulations and procedures applicable to the procee this
Board Documenta terial considered by the Board consisted Oi
your application, er with all material submitted in support
chereozr, your na rG, and applicable statutes, regulations.
and policies :
CoOneigemation of the ent.
su s
t LS egan a period of active duty on 25
July 1973 On 14 March and again on 2 April 1974, you received
nonjudicial punishment (NUP) for a 22 day period of unauthorized
absence (UA), five periods of absence from your appointed place
of duty, wrongful possession of an identification card, and
breaking restriction.
Subsequently, you submitted a written request for a
honorable discharge in order to avoid trial by court-martial for
four periods of UA totalling 239 days. Prior to submitting this
request you conferred with a qualified military lawyer at which
time you were advised of your rights and warned of the probable
adverse consequences of accepting such a discharge. On 21
February 1975, your request was granted and the commandina
officer was directed to issue you an other than honorable |
discharge by reason of the good of the service. As a tesult of
this action, you were spared the stigma of a court-martial
conviction and the potential penalties of a punitive discharge
and confinement at hard labor. On 22 April 1975, you were issued
an other than honorable discharge for the good of the service, |
and assigned an RE-4 reenlistment code.
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 change your narrative
reason for separation. It also considered your assertion that
because you were severely abused, you now suffer with post-
traumatic stress disorder (PTSD). Nevertheless, the Board
concluded these, factors were not sufficient to warrant relief in
your case because of the seriousness of your repeated misconduct
and lengthy periods of UA, all of which resulted in two NJPs and
your request for discharge. The Board believed that considerable
clemency was extended to you when your request for discharge to
avoid trial by court-martial was approved. Further, the Board
concluded that you received the benefit of your bargain with the
Marine Corps when your request for discharge was granted and you
should not be permitted to change it now.
Regarding your assertion PTSD, the Board reviewed your
application under the guidance provided in the Secretary of
Defense Memorandum of 3 September 2014, "Supplemental Guidance to
Military Boards for Correction of Military/Naval Records
Considering Discharge Upgrade Requests by Veterans Claiming Post
Traumatic Stress Disorder," and concluded that the severity of
your misconduct outweighed the mitigation offered by your
unsubstantiated claim for PTSD. Accordingly, your application
has been denied. 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 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 haval record, the burden
is on the applicant to demonstrate the existence of probable
material error or injustice.
ERT J. O'NEILL
Executive Director
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.
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7011S. 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. On 18 June 1976, you werg igsued an other than honorable discharge.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 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. As a result, on 2 February 1973, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 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. As a result, on 2 February 1973, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 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. During the period from 27 August 1992 to 24 March 1993, you were again UA on seven occasions for 35 days.
NAVY | BCNR | CY2014 | NR5393 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 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. During the period from 27 August 1992 to 24 March 1993, you were again UA on seven occasions for 35 days.