DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 1096-14
2 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 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 5
March 1979. You served without disciplinary incident until 27
October 1983, when you received nonjudicial punishment (NUP) for
drunk and disorderly conduct and causing a breach of the peace
by wrongfully engaging in a fight. You completed your service
obligations without any additional disciplinary incidents and
were discharged under honorable conditions on 2 March 1984.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your satisfactory service, desire to remove the NUP, and
allegations of sexual assault. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case because no error or injustice was identified during
the administration of your NUP. 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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