DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2496
SIN
Docket No: 02986-13
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
22 September 2003. The Board found that you received nonjudicial
punishment (NIP) for larceny of a laptop computer, military
property of a value of $1200, and making a false official
statement, with intent to deceive. You received restriction, a
suspended forfeiture of pay, and a reduction in paygrade.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to commission of a serious offense. You
elected to consult counsel and have your case heard before an
administrative discharge board (ADB). On 18 May 2007, the ADB
found you had committed misconduct due to commission of a serious
offense and recommended that you be separated from the service
with an other than honorable (OTH) discharge by reason of
misconduct. On 4 June 2007, your commanding officer concurred
with the ADB’s findings and forwarded his recommendation that you
receive an OTH discharge. He stated, in part, that you had no
potential for further service. On 5 June 2007, the separation
authority directed an OTH discharge by reason of misconduct due
to commission of a serious offense. You were so discharged on
29 June 2007.
‘The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service, post service medical issues and desire to upgrade your
discharge .-~Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your NUP for very serious offenses. 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,
ROBERT D. ZSALMAN
Acting Executive Director
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