DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 7400-13
14 August 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 12 August 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
28 July 1994, The Board found that you received three
nonjudicial punishments (NJP’s) for assault, three instances of
unauthorized absence (UA), disobedience, dereliction of duty,
making a false official statement, and soliciting another to
commit misconduct. It appears that 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 separation authority concurred and
directed an OTH discharge by reason of misconduct due to
commission of a serious offense. You were so discharged on 26
July 1997.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your three NJP’s for
serious offenses. Finally, the Board noted that it appears 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
ef 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,
ROBERT D. i
Acting Executive Director
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