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NAVY | BCNR | CY2013 | NR5619 13
Original file (NR5619 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 100T
ARLINGTON, VA 22204-2430

 

SON
Docket No: 5619-13
10 July 2014

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 '8 July 2014. 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

27 January 1987. The Board found that on 24 July and 15 October
1987, you received nonjudicial punishment (NUP) for three
instances of unauthorized absence (UA) totaling 30 days,
disobedience, assault and drunk and disorderly conduct.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to commission of a serious offense. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). Your
case was forwarded recommending that you be discharged under
other than honorable (OTH) conditions by reason of misconduct.
The discharge authority concurred and directed an OTH discharge
by reason of misconduct due to commission of a serious offense,
You were so discharged on-29 January 1988.
The Board, in its review of your application, carefully weighed
all potentially. mitigating factors, such as your youth, record of
service and desires to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given. your two NJP's for
serious offenses. Finally, the Board noted that you waived the
‘right to an ADB, your best chance for retention or a better
characterization of service. Accordingly, your application has
been denied. The names and votes of the members of the panel

. will be furnished upon request.

“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,
RBS ER

ROBERT D. 4ZSALMAN
Acting Executive Director

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