DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4332-13
11 April. 2014
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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
26 July 1989 at age 26. You received nonjudicial punishment
(NJP) on two occasions for failure to go to you appointed place
of duty, missing ship’s movement, and wrongful use of controlled
a substance. On 27 March 1997, you were convicted by special
court-martial (SPCM) for failure to obey a general regulation by
sexually harassing a junior enlisted Marine, wrongful use of
marijuana and two instances of assault. The sentence imposed
was confinement, reduction in paygrade, a forfeiture of pay and
a bad conduct discharge (BCD). On 1 October 1998, 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 prior
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 two NJPs 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.
It is regretted that the circumstances of your case are such _
that favorable action cannot be taken. You are entitled to havé
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,
iene canta
ROBERT D. ZSALMAN
Acting Executive Director
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