DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 02938-13
10 April 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 8 April 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 April 1988. The Board found that on 18 June 1990, you were
convicted by civil authorities of giving alcoholic beverages toa
person under the age of 21. You were sentenced to two days in
jail. On 30 August 1990, you received nonjudicial punishment
(NJP) for assault and battery of another Sailor. You received
restriction, extra duty, and a reduction in paygrade.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to commission of a serious offense. You
waived your rights to consult counsel, submit a statement or have
‘your case heard by .an administrative discharge board (ADB). Your
case was forwarded recommending that you be discharged under
other than honorable (OTH) conditions by reason of misconduct.
fhe discharge authority concurred and directed an OTH discharge
by reason of misconduct due to commission of a serious offense.
You were so discharged on 2 October 1990.
The Board, in its review of your application, carefully weighed -
all potentially mitigating factors, such as your record of
service and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your ¢ivil conviction
and NUP for a very serious offense. Finally, the Board 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 panel'will be furnished upon request.
It is regretted that the circumstances ef 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,
ete SD. eA
ROBERT D. ZSALMAN
Acting Executive Director
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