DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
'7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No: 4546-13
29 April 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 April 2014. The names and votes of the
members of the panel will be furnished upon request. 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. Se
You enlisted in the Navy and began a period of active duty on 10
April 1990. About seven months later, on 7 December 1990, you
began a period of unauthorized absence: {UA) that was not
terminated until 18 November 1991 when you were apprehended and
held in confinement by civil authorities on charges of strong
armed robbery. During this 346 day period of UA, you were also
declared a deserter. ‘ , ;
On 26 April 1991 you were convicted by civil authorities of armed
violence, aggravated battery, and attempted robbery. You were
sentenced to 36 months of supervised probation, 18 months
periodic confinement, a $25 probation fee, public defender fees,
and court costs.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to conviction by civil authorities.
After waiving your procedural rights, on 24 October 1991, your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to conviction by
civil authorities. On 13 November 1991 the discharge authority
approved this recommendation and directed separation under other
than honorable conditions by reason of misconduct, and on 18
November 1991 you were so discharged.
The Board, in its review. of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion that you were
not afforded legal representation. Nevertheless, the Board
concluded these fectors were not ‘sufficient to warrant
recharacterizatidn of your discharge because of the seriousness
of your misconduct. Further, you were given an opportunity to
defend your actions, but waived your procedural right. Finally,
there is documented evidence in the record which is contrary to
your assertion. Accordingly, your application has been denied.
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,
| 2 er YS, Am Qe
ROBERT D. “4ASALMAN
Acting Executive Director
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