DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 9033-13
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 1 October 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy and entered a period of active duty on
22 March 1988. You received nonjudicial punishment (NUP) on
seven occasions for driving under the influence of alcohol,
reckless driving, failure to obey a lawful order (six
instances), conduct prejudicial to good order and discipline,
willfully disobeying a lawful order, (two instances), .
disrespect, being drunk and disorderly (two instances}, and
failure to go to your appointed place of duty. You were then
advised that your command was recommending you for
administrative separation with an other than honorable (OTH)
re
characterization of service due to misconduct. You waived your
procedural right to have your case heard by an administrative
discharge board (ADB). On 1 November 1991, you were discharged
with an OTH characterization of service due to misconduct, and
assigned an RE-4 (not recommended for retention) reentry code.
In its review of your application, the Board, carefully weighed
ali potentially mitigating factors, such as your youth, combat
service during Desert Shield/Storm (DS/S), current diagnosis of
post-traumatic Stress disorder (PTSD), and desire to upgrade your
discharge. However, ‘the Board concluded that your discharge
should not be charged due to your numerous acts of misconduct.
The Board noted that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. The Board found that your current PTSD diagnosis did
not mitigate your misconduct, particularly noting that four of
your NUP’'s occurred before you deployed for DS/S. Finally, you
are advised that the mere passage of time or post service good
conduct do not require the upgrade of a discharge. In view of
the above, 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
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’NETLL
Executive Director
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You were then advised that your command was recommending you for administrative separation with an other than honorable (OTH) characterization of service due to misconduct. You waived your procedural right to have your case heard by an administrative discharge board (ADB). 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.
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