PEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SION
Docket No: 02527-13
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 the Navy and began a period of active duty on
15 June 1992. The Board found that on 22 November 1993 and
10 March 1994, you received nonjudicial punishment (NJP) for
unauthorized absence (UA), dereliction of duty, and three ;
instances of being absent from your appointed place of duty. On
17 May 1994, you were counseled and warned that further
misconduct could result in administrative discharge action. On
19 May 1994, you received a third NUP for seven days of UA. You
received restriction, extra duty, a forfeiture of pay and a
reduction in paygrade. 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 7 June 1994, 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 50
discharged on 24 June 1934.
eR
The Board, in its review of your application, carefully weighed
ail potentially mitigating factors, such as your youth, record of
service, post service accomplishments, character letter, and
desire to upgrade your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your three NJP’s, one
of which was after you were warned of the consequences of further
misconduct. The Board also noted that you waived the right to an
ADB, your best ghange for retention or a better characterization
of service. AcRordingly, 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,
tee SD , Cnt Qn
ROBERT D. ZSALMAN
Acting Executive Director
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