DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
BC
Docket No: 08736-13
25 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 24 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 on 5 November 1985. On 16 July 1987,
you received nonjudicial punishment (NUP) for failure to obey a
lawful order. . On 29 November 1989, you received NUP for being
in an.unauthorized absence (UA) status on six occasions totaling
over 26 days, missing your ship’s movement, disobeying a lawful
- order and being disrespectful: in language. You were advised
that your commanding officer was recommending you for
administrative separation with a discharge under other than
honorable conditions (UOTHC) due to misconduct. You waived all:
of your procedural rights, including your right to an
administrative discharge board (ADB). Your commanding officer
forwarded his recommendation that you be discharged with a UOTHC
characterization of service by reason of misconduct (serious
offense). On 6 August 1990, the discharge authority agreed with
‘the recommendation and directed a discharge UOTHC. On 13 August
1390, you were discharged UOTHC and assigned an RE-4 (ineligible
for reenlistment) reentry code.
The Board, in its review of your application, considered all
potentially mitigating factors present in your case.
Nevertheless, the Board found those factors insufficient to
warrant changing the characterization of your discharge, given
your very extensive record of misconduct. In addition, the
Board noted that you waived the 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 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 within one year from the date of the Board’s
decision. New evidence is evidence not previously considered by
_the Board prior to making its decision in your.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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