DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
, 791 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN .
Docket No: 1003-14
ll March 2015
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 Navai Records,
sitting in executive session, considered your application on
24 February 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
18 June 1984. During the period from 21 September 1984 to
28 May 1991, you received three nonjudicial punishments (NJPs)
and were convicted by special court-martial (SPCM) of 13 days of
unauthorized absence (UA) and missing ship's movement.
_ 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 recommending that you be discharged under
other than honorable (OTH) conditions. by reason of misconduct.
The separation authority concurred and directed an OTH discharge
by reason of misconduct. You were so discharged on 29 July 1991.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, medical issues and desire to upgrade your
discharge. Nevertheless, based on the information currently
contained in your record, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your three NJPs and SPCM conviction of a serious offense.
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. Consequentiy, 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.
ROBERT J. O’ NEILL
Executive Director
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