DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
TAL
Docket No: 12396-12
23, July 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 17 July 2013. 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.
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 the Navy on 12 September 1997. On 2 November 2011,
you received nonjudicial punishment (NJP) for five instances of
failure to obey lawful regulations. On 2 November 2011, your
commanding officer forwarded a request that you be detached for
cause due to misconduct and unsatisfactory performance of duty.
On 5 July 2012, Commander, Navy Personnel Command (CNPC)
approved your command’s request to detachment you for cause.
You were notified of pending administrative discharge processing
due to misconduct (commission of a serious offense). After
consulting with legal counsel, you elected to present your case
to an administrative discharge board (ADB). On 25 July 2012,
the ADB found that you committed misconduct and recommended that
you be separated with an honorable discharge. On 14 August
2012, you received the honorable discharge for misconduct
(commission of a serious offense) .
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your over 14 years of prior honorable service. Nevertheless,
the Board concluded these factors were not sufficient to warrant
a change in the narrative reason for separation given the
seriousness of your misconduct. The Board also believed that
you were fortunate to receive an honorable discharge since a
discharge under other than honorable conditions is often
directed when a Sailor is discharged due to misconduct.
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,
Ly Noa
W. DEAN ek
Executive Dive
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