DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJIR
Docket No: 4551-13
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
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. ee
You enlisted in the Navy and began a period of active duty on 22
August 1991. You served for about a year and seven months
without disciplinary incident, but-.on 4 March and again on 14
July 1993, you received nonjudicial punishment (NJP) for
dereliction of duty and an unspecified period of unauthorized
absence (UA). — & = =
Subsequently, you were processed for.an administrative separation
by reason of misconduct due to commission of a serious offense.
After waiving your procedural rights, on 23 July 1993, your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to commission of
a serious offense. Shortly thereafter, the discharge authority
approved this recommendation and directed separation under other
than honorable conditions by reason of misconduct, and on 4
August 1993 you were so dischargéd. -
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct, desire to upgrade your discharge, and
assertion of being administratively separated with a general
characterization of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
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 no evidence
in the record, and you submitted none, to support 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,
SD , Cntr pe
ROBERT D.“2 SALMAN
Acting Executive Director
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