DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S$. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
BUG
Docket No: 9141-13
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
5 August 1991. You received nonjudicial punishment on three
occasions for failure to go to your appointed place of duty,
dereliction of duty, unauthorized absence (two periods totaling
30 days), and failure to obey a lawful order. You were then
notified that your commanding officer was recommending you for
administrative separation due to misconduct. You exercised your
procedural right to have your case heard by an administrative
- discharge board (ADB). The ADB found that you had committed
misconduct, and recommended that you be discharged with an other
than honorable (OTH) characterization of service. On 14
September 1993, you were discharged with an OTH characterization
of service due to misconduct, and assigned an RE-4 (not
recommended for retention} reenlistment code,
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, remorse,
post service good conduct, and current desire to upgrade your
characterization of service. The Board concluded, however, that
your characterization of service should not be upgraded due to
your misconduct. Finally,,.you are advised that the mere passage
of time or post services God conduct are not bases for upgrading
yGur discharge. In vieW, of the above, your application has been
denied. The names and Yotes of the members of the panel will be
furnished upon request.
It is regretted that the circumstances of your case are such
tpat favorable action cannot be taken. You are entitled to have
the Board reconsidér 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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