DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 280-13
13 December 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 4 December 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
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 enlisted in the Navy and began a period of active duty on
16 March 1993 at age 22. You received nonjudicial punishment
(NJP) on three occasions for failure to go to your appointed
place of duty, drunk and disorderly conduct, two instances of
drunken and reckless driving, two instances of failure to obey a
lawful order, and wrongful possession of two military
identification cards. After you second NUP, you were counseled
regarding your misconduct and warned that further offenses could
result in administrative separation. On 11 October 1995, you
were notified of pending administrative discharge processing
with an other than honorable due to misconduct. You elected to
consult with legal counsel and subsequently requested an
administrative discharge board (ADB). On 12 December 1995, an
ADB recommended that you be separated with a general discharge
due to misconduct. Subsequently, your commanding officer
concurred with the ADB and on 15 March 1996, you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
ef your discharge due to the seriousness of the misconduct that
resulted in three NUJPs. The Board also believed that you were
fortunate to receive a general discharge since a
characterization under other than honorable conditions is often
directed when a Sailor is separated for misconduct. 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. 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,
Lo Ron Gak
W. DEAN PF
Executive Ditettor
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