DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 10014
TAL
‘Docket No: 8929-13
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 17 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
25 July 1989 at age 18. You received nonjudicial punishment
(NJP) on three occasions for being derelict in the performance
of your duties, unauthorized absence (UA) from your unit for a
period of two days and two instances of failure to go to your
appointed place of duty. On 25 May 1993, you were notified of
pending administrative discharge processing with an other than
honorable {OTH} discharge due to misconduct. You waived all of
your rights, including your right to an administrative discharge
board (ADB). On 27 July 1993, you received the OTH discharge due
to misconduct (pattern of misconduct).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that .
resulted in three NUPs. The Board noted that you waived the
right to an ADB, your best opportunity for retention or a better
characterization of service. 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. The names and votes of the members
of the panel will be furnished upon request.
ithe Board recommended that you contact the Department of the
SNavy, Navy Personnel Command (Pers-3C), 5720 Integrity Drive,
Millington, TN 38055-3120 to request that administrative
‘corrections be made to your Certificate of Release or Discharge
from Active Duty (DD Form 214) such as, but not inclusive of
your record of service. . ,
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 or other matter not previously considered by
the Board. In this regard, it is important to keep in mind that
a presumption of regularity attaches to all official records.
Consequentiy, 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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