DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 8899-13
2 October 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 30 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
23 June 1992. The Board found that on 9 February 1994, you
received nonjudicial punishment (NJP) for being absent from your
appointed place of duty. You received restriction, extra duty
and a forfeiture of pay. Additionally, you were counseled and
warned that further misconduct could result in administrative
Gischarge action. On 18 April 1995, you began a period of
unauthorized absence (UA) that lasted 69 days, ending on 26 June
1995. On 28 June 1995, you were convicted by summary court-
martial (SCM) for 69 days of UA and missing ship’s movement. You
were sentenced to a period of confinement, a forfeiture of pay,
and a reduction in paygrade. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
commission of a serious offense. You waived your rights to
consult counsel, submit a statement, or have your case heard by
an administrative discharge board (ADB). Your case was forwarded
recommending that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. The separation
authority concurred and directed an OTH discharge by reason of
misconduct due to commission of a serious offense. You were so
discharged on 18 August 1995.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and desire to upgrade your discharge. Nevertheless, the
4Board concluded these factors were not sufficient to warrant
*recharacterization of your discharge given your NUP, and SCM
; conviction for a lengthy period of UA. Finally, 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 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’NEILE
Executive Director
NAVY | BCNR | CY2013 | NR2728-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 January 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR2507-13
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. The separation authority concurred and directed an OTH discharge by reason of misconduct due to a pattern of misconduct. 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.
NAVY | BCNR | CY2013 | NR6421 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 July 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR2754-13
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 . Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your...
NAVY | BCNR | CY2013 | NR5488 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 July 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR4094-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 05028-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 March 2011. 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. Subsequently, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense.
NAVY | BCNR | CY2013 | NR4122 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 11530-10
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. Subsequently, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense. 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...
NAVY | BCNR | CY2012 | 00110-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 September 2012. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...