DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4321-13
11 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 2 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
15 November 1988 at age 18. On 30 November 1989, you were
convicted by special court-martial (SPCM) of unauthorized
absence (UA) from you unit for a period of 32 days, wrongful use
Of cocaine and failure to obey a lawful regulation by carrying a
concealed weapon. The sentence imposed was confinement, a
forfeiture of pay and a bad conduct discharge (BCD).
On 14 December 1989, you were convicted in the General District
Court of Norfolk, Virginia, of disorderly conduct and fined
$50.00. On 13 April 1990, you received nonjudicial punishment
{(NJP) for UA from your unit for a period of 79 days.
On 12 September 1990, you received the BCD after appellate
review was complete. ,
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 one NUP, a civil conviction and an SPCM. 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 panel will be furnished upon _
request. = a
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,
eS Gt
ROBERT D. ZSALMAN
Acting Executive Director
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