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BPOAPD FOP COP RECTION OF NAVAL RECORNS
701 S., COURTHOUSE Rene ower ieee
ARLINGTON, VA 22204-2490
TUR
Docket No: 17
25 November 2
Reed
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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.
BR three-member panel of the Boara for Correction of Naval
Records, sitting in executive session, considered your
application on 25 November 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 recora, 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 pr bable material error or
iy Met lee:
You enlisted in the Navy and began a period of active duty on 1
April 1992. Your record reflects that you served without
Qisciplinary incident until 25 March 1995, at which time you
received nonjudicial punishment (NTP). However, the record does
not reflect the offenses for which the NUP was imposed.
Subsequently, you were processed for an administrative separation
by reason of misconduct. Presumably, after waiving your
procedural right to consult with legal counsel and to present
your case to an administrative discharge board (ADB), your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct. The discharge
authority approved this recommendation and directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct, and on 22 April 1994, you were 50
discharged.
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 post service conduct.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of your
WLbSCOUNauUct. Further, you were gaveon an Opportunity to gderend
yourself, but waived your procedural right to present your case
+o an ADB. 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.
sin ely,
BERT J. O’NETLL
Executive Director
NSE
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