DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 02314-12
27 February 2013
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 26 February 2013. 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 o£
your application, together with all material submitted in support
‘thereof, your naval record, and applicable statutes, regulations,
and policies.
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
injustice.
You entered active duty in the Navy on 17 February 1993, and
served without disciplinary incident until 30 December 1994, when
you received nonjudicial punishment for larceny and forgery. You
were recommended for separation with an other than honorable
discharge due to misconduct (commission of a serious offense
(COSO)). You waived your right to counsel and an administrative
discharge board (ADB). The separation authority approved the
recommendation, and on 16 February 1995, you were separated with
an OTH discharge due to misconduct (COSO), a separation code of
HKQ (misconduct), and an RE-4 (not recommended for retention)
reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as you
were not allowed sufficient time to consult with your counsel.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change to your characterization of
service or your separation code due to your coso. Furthermore,
the Board found you waived your right to an ADB, your best
opportunity for retention, or a better characterization of
service. Finally, your claim that you were not allowed
sufficient time to consult with your counsel was unsubstantiated.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
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.
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,
W. DEAN P F
Executive D x
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