DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2430
TIR
Docket No: 4771-13
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. 7 me
You enlisted in the Navy and began a period of active duty on 1
November 1988. You served without disciplinary incident until 4
October 1990, when you received nonjudicial punishment (NIP) for
missing the movement of your ship and.a 17 day period of
unauthorized. absence (UA). About.a year later, on 29 October
1991, you were convicted by special. court-martial (SPCM) of a 50
day period of UA. and missing the movement of your ship.
Separation by reason of misconduct due to commission of a serious
offense. After waiving your procedural rights, on.15 November
1991, your commanding officer recommended discharge under other
than honorable conditions by reason of misconduct due to
commission of a serious offense. On 20 November 1991 the
discharge authority approved this recommendation and directed
separation under other than honorable conditions by reason of
misconduct, and on 4 December 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 post service conduct, desire to upgrade your discharge, and
character reference letters. 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, no discharge is
upgraded due solely to an individual's good post service conduct
or the passage of time. Accordingly, your application has been
denied.
In regard to your request to have the record corrected to reflect
an enlistment date of 29 August 1988 on your Certificate of
Release or Discharge from Active Duty (DD Form 214), you may wish
to contact the Department of the Navy, Navy Personnel Command
(BUPERS), Code Pers-312, 5720 Integrity Drive, Millington, TN
38055-3120, to request the issuance of a DD Form 215 with the
correct enlistment date.
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
Sincerely,
ROBERT D. ZSALMAN
Acting Executive Director
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