DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 4906-13
30 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 23 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 20
September 1989. You served without disciplinary incident until 3
September 1993, when you received nonjudicial punishment (NJP)
for larceny, wrongful appropriation, and conspiracy. On 14
January 1994, you received NJP for wrongful use of a vehicle pass
with the intent to deceive.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to commission of a serious offense.
After consulting with legal counsel, you elected to present your
case to an administrative discharge board (ADB). On 11 February
1994 an ADB recommended separation under honorable conditions by
reason of misconduct due to commission of a serious offense. On
25 March 1994, your commanding officer also recommended discharge
under honorable conditions by reason of misconduct due to
commission of.a serious offense. On 11 April 1994, the discharge
authority approved these recommendations and directed separation
under honorable conditions by reason of misconduct, and on 21
April 1994, 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 and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct which resulted in
two NUPs. Finally, Sailors discharged by reason of misconduct
normally receive discharges under other than honorable
sconditions, and as.such, you were fortunate to receive a general
Al scharge'. , Accordingly, your application has been denied.
wt Pes UWE te
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,
Re YD, Co
ROBERT D. ZSALMAN
Acting Executive Director
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