DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
' ARLINGTON, VA 22204-2490
TJIR
Docket No: 3996-13
29 April 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 15 April 2014. The names and votes of the
members of the panel will be furnished upon request. 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. | - Sm
You'enlisted in the Navy and began a period of active duty on 16
February 1993. You served for nearly a year without disciplinary
- incident, but during the’ period from 25' February 1994 to 7
January 1996, you received nonjudicial punishment (NUJP) on four
occasions for failure to obey a lawful order, adultery, being
incapacitated for duty, fraudulent enlistment, wrongful
possession of controlled substances, missing the movement of your
ship, and a 25 day period of unauthorized absence (UA) .
Subsequently, you were processed’ for an administrative separation
by reason of misconduct: due to commission of a serious offense
and a pattern of misconduct. After waiving your procedural
rights, on 24 January 1996, your commanding officer recommended
discharge under other than Honorable conditions by reason of
misconduct due to commission of a serious offense and a pattern
of misconduct. The discharge authority approved this
recommendation and directed separation under other than honorable
conditions by reason of misconduct, and on 15 February 1996 you
were so discharged. . “
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. Further, you were
given an opportunity to defend your actions, but waived your
procedural right. Accordingly, your application has been denied.
‘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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