DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
: Docket No: 6782-13
29 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 16 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,
reguiations, 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
7 December 1987 at age 17. On 8 March 1988, you were convicted
by summary court-martial (SCM) of willfully disobeying a lawful
order given by a superior commissioned officer, insubordinate
conduct toward a noncommissioned officer and five instances of
failure to obey a lawful order or regulation. On 14 March 1988,
you were notified of pending administrative discharge processing
with an other than honorable (OTH) discharge due to misconduct
{commission of a serious offense).. You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 19 April 1988, you received the OTH
discharge for misconduct (commission of a serious offense).
The Board, in its review of your application, carefully weighed
all.potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in an SCM. The Board noted that you waived your right
f
tg an ADB, your best opportunity for retention or a better
Gharacterization 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,
nS a
ROBERT D.™“dASALMAN
Acting Executive Director
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