DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No: 6085-13
16 July 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 July 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 15.
March 1988. You served without disciplinary incident until
October 1990, when you received nonjudicial punishment (NJP) for
two specifications of missing the movement of your ship.
On 13 December 1990 you were processed for an administrative
separation by reason of misconduct due to commission of a serious
offense. After waiving your procedural rights, on 21 December
1990, your commanding officer recommended discharge under other
than honorable conditions by reason of misconduct due to
commission of a serious offense. On 10 January 1991 the
discharge authority approved this recommendation and directed:
separation under other than honorable conditions by reason of
misconduct, and on 18 January 1991, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion of
experiencing unexplained medical problems. 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 rights. 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
faunrable action canrot be taken. You are entitled to have the
eard. reconsider its: ‘decision upon submission of new and material
‘evidence or other matter not previously considered by the Board.
n this regard, it is important to keep in mind that a
®resumpticn 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,
ROD. an
ROBERT D. ZSALMAN
Acting Executive Director
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