DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24390
SUN
Docket No: 0999-14
27 March 2015
Dear (ay
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
18 March 2015. 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 of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
1 June 1989. During the period from 18 July 1996 to 12 December
1997, you received two nonjudicial punishments (NJPs), and were
convicted by special court-martial (SPCM) of making false
official statements and larceny. You were sentenced to a
reduction in paygrade and a bad conduct discharge (BCD).
Additionally, based on your Certificate of Release or Discharge
from Active duty (DD Form 214), on 17 December 1997, you began a
period of unauthorized absence that lasted 736 days, ending on
22 December 1999, the same day you received your BCD after
appellate review was completed.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to upgrade your discharge.
Nevertheless, based on the information currently contained in
your record, the Beard concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your two NJP’s and SPCM conviction of serious offenses.
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.
Singerel
ROBERT J. O'NEILL
Executive Director
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