DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
' FOt S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJIR
Docket No: 4786-13
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,
You enlisted in “the Navy and began a period of active duty on 23
December 1985. You served for about a year and six months
without disciplinary incident, but on 11 dune and again on 10
December 1987, you received nonjudicial punishment (NJP) for
altering an identification card anda 27 day period of
unauthorized absence (UA). About eight months later, on 9 August
1988, you were convicted by special court-martial (SPCM) of a 65
day period of UA and missing’ the. movement of your ship.
Subsequently, you were processed for. an.administrative separation
by reason of misconduct due to commission of & serious offense
and a pattern of'misconduct. After waiving your procedural
.xights, on 30 June 1989, your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to commission of a serious offense and a pattern
of misconduct and-notéd that you had a charge of driving under
the influence of alcohol pending with civil authorities. on 5
September 1989 the discharge authority approved the foregoing
recommendation and directed separation under other than honorable
conditions by reason of misconduct, and on 15 September 1989 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.
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,
ROBERT D. ALMAN
Acting Executive Director
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