“ “DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 3613-13
15 September 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 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 10 September 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 that 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 14
June 1994. You received nonjudicial punishment on three
occasions for six periods of unauthorized absence totaling 125
days, making a false official statemerit (two instances), absence
from your appointed place of duty, failure to obey a lawful
order, and breaking restriction. You were then advised that
your command was recommending you for administrative separation
with an other than honorable (OTH) characterization of service
due to misconduct. You waived your procedural right to have
your case heard by an administrative discharge board (ADB). On
13 June 1995, you were discharged with an OTH characterization
of service due to misconduct, and assigned an RE-4 {not
recommended for retention) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, remorse,
and current desire to upgrade your discharge. However, the Board
concluded that your discharge should not be changed due to your
numerous acts of misconduct, The Board noted that you waived
your right to an ADB, your best opportunity for retention or a
better o mere pagfage 0 of service. Finally, you are advised
- that the mere pas age of time or post service good conduct do not
require the u ade of a discharge. In view of the above, your
Application! ff eae. 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 J. O'NEILL
Executive Director
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S$. A three-member panel of the Board for Correction of Naval - Records, sitting in executive session, considered your. 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.
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Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The ADB found that you had committed misconduct, and recommended that you receive an OTH characterization of service. 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.