DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 1085-14
12 March 2015
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 12 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 2
February 1993. You served without disciplinary incident until
26 March 1993, when you received an entry level separation for
your failure to adapt to the military, refusal to continue
training, disrespect towards superiors, exam failures, and a
lack. of réasonable effort to improve.
The Board, in its review of your entire record and application,
- carefully weighed all potentially mitigating factors, such as
your desire to upgrade your characterization of service and the
statement regarding your service. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case because of the seriousness of your misconduct, which
included several counseling’s on disrespect, lack of effort, and
your inability to adapt to the military. 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 or other matter not previously considered by
the Board within one year from the date of the Board’s decision.
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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