DEPARTMENT OF TRE NAVY
Dm Pa TBR OTIS SP BA a Poe arms
7 7 EOF: erat ere EP ND ee! yra ot 1 ,
Gi 5, COURTHOUSE ROAR.
Th yee?
ARLINGTON, VA 22204-2490
Sut
TAL
Docket No: 10805-14
7 January 2015
Dear a
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
17 December 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 of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
44 dune 1989. You served for a year and four months without
disciplinary incident, but on 22 April 1991, you were convicted
by special court-martial of two instances of unauthorized absence
totaling 103 days. The sentence was confinement, a forfeiture,
and reduction in paygrade. You were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge by reason of misconduct due to commission of a
serious offense. You waived all of your procedural rights,
including your right to an administrative discharge board (ADB)
and on 16 September 1991, you received the OTH.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion of mental
illness while you were in the Navy. Nevertheless, the Board
found that these factors were not sufficient to warrant
recharacterization of your discnarge given Lue ser LOUbHEeESS OF
your misconduct. The Board noted that you waived your right to
an ADB, your best opportunity for vetention or a better
characterization of service. Regarding your assertion, the Board
noted that you were diagnosed with occupational problems and a
porderline personality disorder, and found to be unsuitable for
further naval service. Accordingly, your application has been
denied.
ee ne
It is regretted that the circumstances of your case are such that
favorable action camnot 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.
ROBERT J. O’NETLI
Executive Director
e
NAVY | BCNR | CY2014 | NR2593 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 November 2014. Documentary material considered by O ed of your application, together with all mater: pport ther naval record, and applicable ions, After 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...
NAVY | BCNR | CY2012 | 05217 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2013. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2014 | NR3503 14
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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2014 | NR2593 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 November 2014. 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. Subsequently, administrative discharge action was initiated by reason of misconduct due to a pattern of misconduct.
NAVY | BCNR | CY2010 | 09706-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 June 2011. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your misconduct. 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.
NAVY | BCNR | CY2014 | NR191 14
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 Boara found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2010 | 00320-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 October 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2014 | NR5982 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 June 2015. 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. With regard to your assertions, the Board considered whether being threatened was a causative factor in the misconduct that resulted in your discharge.
NAVY | BCNR | CY2013 | NR960 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2013. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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.
NAVY | BCNR | CY2008 | 02235-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 October 2008. 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. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of...