DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S$. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 .
BC
Docket No: 08966-13
3 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 1 October 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 ail
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 19
July 1988. You received nonjudicial punishment (NJP) on four
eccasions. Your offenses were larceny, failure to go to your
appointed place of duty, being absent from your appointed place
of duty, communicating a threat and wrongful use of marijuana.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to a pattern of
misconduct at which time you waived your procedural rights to
consult with legal counsel and to present your case to an
administrative discharge board (ADB)... Your commanding officer
recommended discharge under other than honorable’ conditions by:
reason of misconduct due to a pattern of misconduct. The
discharge authority approved this recommendation and directed
separation under other than honorable conditions by reason of
misconduct, and on 13 April 1990, you were so discharged and
assigned an RE-4 (ineligible for reenlistment) reenlistment
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge, and assertion that the
charge was inadequate and racist. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
yyour case because of the seriousness of your repeated
flisconduct. Further, yeu were given an opportunity to defend
your actions, but waived your procedural rights. Finally, there
is no evidence in the record, and you provided none, to support
your assertions. ‘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'NELLL
Executive Director
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