DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 8. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
TAL.
Decket No: 3341-13
28 February 2014
This is in reference to your’ application for correction of your
naval. record pursuant to the provisions of title 10 of the
United Stakes Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your |
application on 26 February 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, tegether 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
inj ustice.
You enlisted in the Navy and began a period of active duty on
14 November 1990 at age 21. You received nonjudicial. punishment
(NJP) on four eccasions for two instances of failure to go to
_ your appointed place of duty, insubordinate conduct toward a
noncommissioned officer, two instances of unauthorized absence
(UA) from your unit and wrongful use of cocaine. After your
second NUP, you were counseled regarding your misconduct and
warned that further offenses could result in administrative
“separation. On 19 January 1993, you were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct (pattern of misconduct). You
‘waived all of your procedural rights, including your right to an
administrative discharge board (ADB)... On.12- February 1993, the
Separation authority approved and directed your separation. on
22 February 1993, you entered a UA status from your unit. On.
1 March 1993, you were issued the OTH discharge for misconduct
(pattern of misconduct) in absentia.
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
of your discharge given the seriousness and repetitiveness of
your misconduct that resulted in four NJPs and a period of UA
that resulted in discharge in absentia. Finally, the Board
noted that you waived the right to an ADB, your best opportunity
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 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 ox injustice.
Sincerely,
- ° ROBERT D, ZSALMAN |
Acting Executive Director
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