DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 9297-13
17 November 2014
bear
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
4 November 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 cf probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
14 December 1993. On 8 September 1995, you received nonjudicial
punishment (NJP)- for missing movement, 52 days of unauthorized
absence, and desertion. Subsequently, administrative discharge
action was initiated by reason of misconduct due to commission of
a serious offense. You waived your rights to consult counsel,
submit a statement, or have your case heard by an administrative
discharge board (ADB). Your case was forwarded to the separation
authority and on 16 October 1995, it was directed-that you
receive an other than honorable (OTH) discharge by reason of
misconduct due to.commission of a serious offense. You .were so
discharged on 17 October 1995.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and desire to upgrade your discharge. Nevertheless, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your NJP for serious
offenses. Finally, the Board noted that you waived the right to
an ADB, your best chance for retention or a better
characterization of service. 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.
Sinceyely,
ROBERT J. O'NEILL
Executive Director
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