DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S$, COURTHOUSE RD SUITE 100%
ARLINGTON VA 22204-2490
BAN
Docket No:NRO08348-13
22 September 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 28 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 entered active duty in the Navy on 2 May 1991, and served
without disciplinary incident until 16 June 1992, when you
received nonjudicial punishment (NJP) for assault. You received
another NJP on 21 August 1992, for larceny, forgery, and stealing
mail. Additionally, you were found guilty in civil court of
driving under the influence of alcohol and remained in police
custody for 180 days. You were then recommended for separation
with another than honorable (OTH) discharge due to a pattern of
misconduct. You waived your right to counsel and an-
administrative discharge board (ADB). The separation authority
approved the recommendation, and on 28 July 1993, you were
separated with an OTH discharge due to misconduct and an RE-4
(not recommended for retention) reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
- your youth and claim of alcohol dependency. However, the Board
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x It is regretted ipa the circumstances of your case are such that
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Docket No.NRO8348-13
noted since you were not diagnosed as being alcohol dependent,
rehabilitation was not mandatory. Therefore, the Board concluded
these factors were not sufficient to warrant a change to your
characterization of service due to your frequent acts. of .
misconduct. Furthermore, the Board found you waived your 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.
a
“Favorable actiongtannot be taken. You are entitled to have the
Board reconsider*its decision upon submission of new evidence
within one yearufrom the date of the Board's decision. New
evidence is evidence not previously considered by the Board prior
to making its decision in this case. 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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