DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
_ Docket No: 4345-13
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
26 June 1990 at age 19. You received nonjudicial punishment
(NJP) on three occasions for four instances of unauthorized
absence (UA) from your unit for a pericd totaling 12 days,
failure to go to your appointed place of duty and failure to
obey a lawful general. regulation. After your second NUP, you
were counseled regarding your misconduct and warned that further
offenses could result in administrative separation. You were
notified of pending administrative separation action by reason
of misconduct due to a pattern of misconduct. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). The
separation authority directed an other than honorable discharge
by reason of misconduct due to a pattern of misconduct. On
25 February 1994 you were so discharged.
& e
“It 1s regretted that the circumstances of your case are such
- that favorable action cannot be taken. You are entitled to have
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 three NJPs. Finally, the Board noted that you
waived the right to an ADB, your best opportunity for retention
or a better characterization of service. Accordingly, your
application has been denied. The names and votes of the members
Qf the panel will be furnished upon request. -— ,
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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