DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE {001
ARLINGTON, VA 22204-24906
CRS
Docket No: 4354-13
4 February 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 15 January 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 18 August 1992,
You received nonjudicial punishment on two occasions for. failure
to obey a lawful order, disrespect, and provoking gestures. On
25 January 1994 you were convicted by a Japanese civil court of .
larceny. The court sentenced you to forced labor for 18 months,
which was suspended. Thereafter, on 23 February 1994 you
received nonjudicial punishment for failure to go to your
appointed place of duty on three occasions and absence from your
appointed place of- duty.
On 1 March 1994 your commanding officer recommended that you be
separated with a discharge under other than honorable conditions
by reason of misconduct due to:a pattern of misconduct.
Thereafter, on 25 March 1994 you received nonjudicial punishment
for absence from your appointed place of duty, disrespect on two
occasions, resisting arrest, wrongful use of marijuana, making
provoking speeches or gestures on two occasions, simple assault,
and communicating a threat on two occasions. On 6 April 1994
you were separated with a discharge under other than honorable
conditions by reason of misconduct due toa pattern of
misconduct .
In its review of your application the Board carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service and your contention that you were falsely
accused. The Board concluded that those factors were
insufficient to warrant upgrade of your discharge, given the .
seriousness of your offenses. Regarding your contention, there
is no evidence in the record that you were falsely accused of-
any of your disciplinary actions. 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 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 |
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,
Tn DO,
ROBERT. D. ZSALMAN
Acting Executive Director
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