DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE RD SUITE 1601
ARLINGTON VA 22204-2490
BAN .
Docket No:NRO8360-13
23 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 1 December 1987, and
served without disciplinary incident until 1 November 1988, when
you received nonjudicial punishment (NJP) for five specifications
of unauthorized absence (UA). On 9 December 1988, you were
convicted at a summary court-martial of 26 specifications of UA
and disrespect. You were then recommended for separation with an
other 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 29 December 1988, you were
separated with an OTH discharge due to misconduct and an RE-4
- (not .recommended for retention) reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. The Board concluded however, that these factors wére
not sufficient to warrant a change to your characterization of
Docket No.NR08360-13
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.
' It ds regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board. reconsider itg.decision upon submission of new evidence
within one year .frow the date of the Board's decision. New
évidence 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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