DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
TAL
Docket No: 8924-13
2 October 2014
= 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 17 September 2014. The names and votes of the
members of the panel will be furnished upon request. 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
1 April 1987 at age 23. You received nonjudicial punishment
(NJP) on two occasions for two instances of driving under the
influence of alcohol. After your first NUP you were counseled
regarding your misconduct and warned that further offenses could
result in administrative separation. You were notified of
pending administrative discharge processing with an other than
honorable (OTH) dischargé due to misconduct. After consulting
with legal counsel, you elected to present your case to an
administrative discharge board (ADB). On 4 October 1993, the
ADB found that you committed misconduct and recommended that you
be separated with an OTH. The separation authority agreed with
the recommendation of the ADB and directed your commanding
officer to issue you an OTH characterization of service by
reason of misconduct and on 4 January 1994, you were so
discharged.
The Board, in its review of your entire record and 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 given the seriousness of
your misconduct. Finally, there is no provision of law or in
‘Navy regulations that allows for recharacterization of service
due solely to the passage of time. Accordingly, your
application has been denied.
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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