~ DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
TAL
Docket No: 8159-13
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
22 October 1986 at age 18. You received nonjudicial punishment
(NJP) on three occasions for three instances of failure to go to
your appointed place of duty, and two instances of unauthorized
absence (UA) from your unit. On 8 November 1988, you were
convicted in civil court in California of unauthorized entry
into a dwelling and battery. You were sentenced to confinement
and a fine. On 5S December 1988, you were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to civil conviction. You waived all your
procedural rights, including your right to an administrative
discharge board. On 4 May 1989, you were convicted by special
court-martial (SPCM) of UA from your unit, five instances of
insubordinate conduct toward a noncommissioned officer, assault
and larceny of $525. The sentence imposed was a forfeiture of
vay, confinement and a bad conduct discharge (BCD). On 5 March
1990, you received the BCD after appellate review was complete.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
record of service. Nevertheless, che Board found that these
} factors were not sufficient to warrant recharacterization of
“your discharge given the seriousness of your misconduct that
a
' resulted in three NUPs, a civil conviction and an SPCM.
Finally, there is no provision of law or in Navy regulations
that allows for. recharacterization 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 caseé are such
that favorable action cannot be taken. You are entitied 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
4
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