DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 $, COURTHOUSE ROAD, SUITE 1001
TAL
Docket No: .8221-13
17 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, reconsidered your
application on 10 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, and your prior case file.
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
21 August 1991 at age 19. You received nonjudicial punishment
(NJP) on three occasions for failure to obey a lawful order,
insubordinate conduct toward a noncommissioned. officer, assault
and.indecent exposure. On 11 February 1993, you were notified of
. pending administrative ‘discharge processing with an other than.
honorable (OTH) discharge due to misconduct. . You waived all of
your procedural rights, including your right to an administrative ©
discharge board: (ADB). On 2 June 1993, you received the OTH
‘discharge for misconduct (commission of: a serious offense).
“The Board, in its review of your application, carefully weighed -
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge due to the seriousness of your misconduct that
resulted in three NJPs. The Board noted that you waived the
right to an ADB, your best chance for retention or a better
characterization of service. Accordingly, your application has
again 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
-@ 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’NETLL
Executive Director
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