‘DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S$. COURTHOUSE ROAD, SUITE 1001
TAL .
Docket No: 8155-13
12 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 4 September 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
29 August 1989, at age 20. On 7 April. 1990, you received
nonjudicial punishment (NUP) for failure to go to your. appointed
place of duty. On 18 December 1991, you were convicted.in civil
court in the state of Washington of second degree armed’ robbery
and sentenced to confinement, community service, a fine and
court costs. You were notified of pending administrative
discharge processing with an other than honorable (OTH)
discharge due to misconduct (civil conviction). After
consulting with legal counsel, you elected to present your case
to an administrative discharge board (ADB). On 5 May 1992, the
ADB found that you committed misconduct and recommended that you
neem
be separated with an OTH discharge. The separation authority
agreed with the recommendation of the ADB and directed your
commanding officer to issue you an OTH discharge by reason of
misconduct and on 15 September 1992, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentiaily mitigating factors, such as your overall record
of service. Nevertheless, the Board found that these factors
were not. sufficient to warrant recharacterization of your
discharge given ythe seriousness of your misconduct that resulted
in an NUP and a‘civil conviction. Finally, there is no-
provision of? 1a or in Navy regulations that allows for
recharacterizat¥on of service due solely to the passage of time.
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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