DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 4909-13
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 reenlisted in the Navy on 7 May 1993 after more than three
years of prior satisfactory service. You continued to serve
without disciplinary infraction until 14 November 1993, when you
were apprehended by civil authorities and charged with reckless
driving, driving under the influence of alcohol, and driving
without a license. In this regard, a bench warrant was issued
for your arrest because of your failure to appear in civil court.
However, your record does not reflect the outcome of the civil
proceedings.
On 29 July 1994 you received nonjudicial punishment (NJP) for a
28 day period of unauthorized absence (UA), two specifications of
missing the movement of your ship, and drunk and disorderly
conduct. 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 19 August
1994, your commanding officer recommended discharge under other
than honorable conditions by reason of misconduct due to
commission of a serious offense. On 2 September 1994, the
&
discharge authority approved this recommendation and directed
separation under other than honorable conditions by reason of
Misconduct, and on 29 September 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 setiousness of your misconduct in both the
military and civitian communities. Further, you were given an
opportunity to defend your actions, but waived your procedural
right. Accordingly, your application has been denied.
Be advised that under current regulations you may be eligible for
veterans’ benefits which accrued during your first period of
service. Whether or not you are eligible for benefits is a
matter under the cognizance of the Department of Veterans Affairs
(DVA), and you should contact the nearest office of the DVA
concerning your right to apply for benefits.
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,
TR pe SD | ee
ROBERT D. ZSALMAN
Acting Executive Director
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