DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 1353-14
24 March 2015
Dear Sy
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
10 March 2015. The names and votes of the members of the panel
wili 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
20 March 1990. On 16 June 1994, you were convicted by summary
court martial of disobeying a lawful order, disrespectful
language, assault, and being drunk on duty.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to the commission of a serious offense
and alcohol abuse rehabilitation failure. At that time you
waived your procedural rights. -Your case was forwarded
recommending discharge under honorable conditions by reason of
misconduct due to the commission of a serious offense and
alcohol abuse rehabilitation failure. However, the separation
authority directed an other than honorable discharge. You were
so discharged on 19 August 1994.
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. It
also considered your contention that you did not receive proper
counsel. 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 misconduct which resulted in a summary court martial.
With regard to your contention that you did not receive proper
counsel, the Board noted that you waived your procedural rights
which may have resulted in 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. 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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