DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204- 2490
. SON : .
Docket No: 02507-13
12.-March 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 11 March 2014. 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 Ene Navy and began a period of active. duty on
23 November 1993. The Board found that on 4 February 1995, you
you received norrjudicdal . punishment (NJP) for six periods of
unauthorized absence (UA) , being absent from your appointed place
of duty, disobedience, “and dereliction of duty. On 24 February
1995, you received a second ‘NUP for two days of UA and
disobedience. Additionally, you were. counseled regarding your
deficiencies and warned that further misconduct. could result in
administrative discharge action. On 11 May 1995, you were
convicted by summary court-martial (SCM) of the use of
disrespectful language and communicating a threat You were
sentenced to a forfeiture of pay and a period of confinement
Subsequently, administrative discharge action was initiated by
reason of misconduct due to a pattern of misconduct. You waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). On 26 May
1995, your case was forwarded recommending that you be discharged
#
under other than honorable. (OTH). conditions by reason of.
Misconduct. The separation authority concurred and directed an
OTH discharge by reason of misconduct due to a pattern of
misconduct. You were so discharged on 26 June 1995.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service, post service accomplishments, character letters, and.
, desire to upgrade your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
“recharacterization of your discharge given your two NUP’s,
conviction. by.SCM, and fact that you were warned of the
‘consequences of further misconduct. The Board-also noted: that
you waived the right to an ADB, your best chance for retention or
a better characterization of service. Accordingly, your
application has been denied. The names and votes of the members
of the Pane 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,
‘ROBERT D. SALMAN
Acting Executive Director
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