|
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECCRDS
704 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4415-13
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
11 December 1989 at age 19. On 25 April 1991, you received
nonjudicial punishment (NJP) for failure to go to your appointed
place of duty and being incapacitated for the proper performance
of duties. On 11 February 1993, you were convicted by special
court-martial (SPCM) of five instances of unauthorized absence
(UA) from your unit for a period of 14 days. The sentence
imposed was confinement, which was suspended for six months.
On 12 February 1993, you received NJP for UA from your unit for
a period of three days and communicating a threat. After your
first NUP, you were counseled regarding your misconduct and
warned that further offenses could result in administrative
separation. On 23 March 1993, you were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct (pattern of misconduct). You
waived all of your rights, including your right to an
administrative discharge board (ADB). The separation authority
approved and directed an OTH discharge and on 21 May 1993 you
received it due to misconduct (pattern 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 two NJPs and an SPCM. THé.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.
w 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
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,
(aD
ROBERT D. ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2013 | NR3341-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your | application on 26 February 2014. Documentary material considered by the Board consisted of- your application, tegether 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 | 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 | NR5673 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2014. 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. 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...
NAVY | BCNR | CY2013 | NR5913 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 June 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 | CY2011 | 04085-11
| A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your > application on 25 January 2012. 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 a civil conviction, an NJP and two SCMs. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2013 | NR2507-13
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. The separation authority concurred and directed an OTH discharge 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 | NR8929 13
A three-member panel of the Board for Correction of Naval ‘Records, sitting in executive session, considered your application on 17 September 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. Consequentiy, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2013 | NR4306 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 2014. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your misconduct that resulted in five NJPs and a civil conviction. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
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...