DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 1847-14
31 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
4 March 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 consclenticus 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
10 July 1990. You served without disciplinary incident until
15 April 1991, when you were convicted by special court-martial
of three specifications of disrespect, Sleeping on post, and
communicating a threat. On 14 December 1991, you were convicted
by summary court-martial of disrespect and larceny. As a
result, you were recommended for an administrative separation by
reason Of misconduct due to commission of a serious offense. On
21 February 1992, you were discharged with an other than
honorable characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your character of service. Nevertheless,
the Board concluded these factors were not sufficient to warrant
relief in your case, given your commission of a serious offense
which resulted in courts-martial convictions. 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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