DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 07667-13
2 September 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 27 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 reenlisted in the Navy on 19 August 1994, after more than
three years of prior honorable service. On 19 October 1994, you
were convicted by a summary court-martial (SCM) of assault and
sentenced to reduction in pay grade and confinement for five
days. Thereafter, you were advised that your commanding officer
was recommending you for administrative separation with a
discharge under other than honorable conditions (UOTHC) due to
misconduct. You waived all of your procedural rights, including
your right to an administrative discharge board (ADB). On 24
October 1994, your commanding officer forwarded his
recommendation that you be discharged with a UOTHC
characterization of service by reason of misconduct. On 8
November 1994, the discharge authority agreed and directed a
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discharge UOTHC. On 2 December 1994, you were so discharged and
assigned an RE-4 (ineligible for reenlistment) reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors present in your case, such as
your prior honorable service. Nevertheless, the Board found
those factors insufficient to warrant changing the
characterization of your discharge, given your record of
misconduct. ‘The Board-also noted that you waived the right to
an ADB, your best opportunity 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,
ROBERT J. O’‘NEILL
Executive Director
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