DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
791 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 07712-13
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 enlisted in the Navy on 25 July 1995. On 10 October 1996,
you received nonjudicial punishment (NJP) for failure to obey a
lawful order, making a false official statement, disorderly
conduct and drunkenness. On 20 March 1997, you received NUP for
wrongful use of a controlled substance. On 2 May 1997, 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). Your commanding officer
forwarded his recommendation that you be discharged with a UOTHC
characterization of service by reason of misconduct. The
discharge authority agreed and directed a discharge UOTHC. on
12 May 1997, 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.
. Nevertheless, the Board found those factors insufficient to
warrant changing the characterization of your discharge, given
your drug involvement and other 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.
i f
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It is regretted that the circumstances of your case are such
Chat 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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