DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4276-13
9 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 26 March 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
27 September 1990 at age 20. On 15 August 1992, you received
nonjudicial punishment (NUP) for failure to obey a general
regulation. On 22 August 1992, you were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct. You waived all of your
rights, including your right to an administrative discharge
board (ADB). On 1 September you were in an unauthorized absence
{UA) status from your unit until 19 July 1993, a period of 321
days. On 20 July 1993, you were again UA from your unit until
29 September 1997, a period of 1,414 days. The separation
authority approved and directed an OTH discharge and on
22 October 1997 you received it by reason of misconduct.
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 of your misconduct that
resulted in an NUP and periods of UA totaling over five years.
The Board noted that you waived the right to an ADB, your best
opportunity ,for retention or a better characterization of
service. Finally, there is no provision of law or in Navy
regulations that allows for recharacterization of service due
solely to the passage of time. Accordingly, your application
has been denied. The names and votes of the members of the
panei 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, 4SALMAN
Acting Executive Director
NAVY | BCNR | CY2013 | NR3612 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 April 2014. 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. On 22 July 1993, you received a third NJP for UA and wrongful use of cocaine.
NAVY | BCNR | CY2013 | NR4122 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 04677-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 02957-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 December 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2009 | 01894-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 November 2009. 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. On 16 April 1993, administrative discharge action was initiated by.
NAVY | BCNR | CY2008 | 12263-08
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 were advised that you were being administratively separated with .an other than honorable (OTH) discharge due to misconduct and you waived your procedural right to an administrative discharge board (ADB). Consequently, when applying for a correction of an official naval record, the burden is on...
NAVY | BCNR | CY2013 | NR2527-13
On 17 May 1994, you were counseled and warned that further misconduct could result in administrative discharge action. Subsequently, administrative discharge action was initiated by reason of misconduct due to a pattern of misconduct. 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.
NAVY | BCNR | CY2013 | NR2510-13
A three- member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 March 2014. You were "80 discharged .On 29 October 1992. , Ce The Board, in its review of your application, carefully weighed all potentially’ mitigating factors, such as your record of service, post service accomplishments, character letters, and desire to upgrade your discharge. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2009 | 04203-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, consideréd your application on 24 February 2010. 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. Board.
NAVY | BCNR | CY2013 | NR4415 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...