DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5160
TUR
Docket No: 4917-13
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 ali
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 25
August 1989. You served for nearly two years without
disciplinary incident, but during the period from 6 August 1991
three occasions for absence from your appointed place of duty and
two periods of unauthorized absence (UA) totalling 40 days.
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 7 August 1992, your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to commission of
a serious offense. On 17 September 1992, the discharge authority
approved this recommendation and directed separation under other
than honorable conditions by reason of misconduct, and on 1
October 1992, 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
assertion of experiencing flashbacks and needing help with your
post-traumatic stress disorder. 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 three NUPs and a lengthy
period of UA. 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,
Ete C——
ROBERT D. ZSALMAN
Acting Executive Director
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