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LF ss, SO DEPARTMENT OF THE NAVY
NS BOARD FOR CORRECTION OF NAVAL RECORDS
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Dl IRICTON VA 22204-2490
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LAL
Docket No: O1
et 9-14
17 December 2
LC
Ho
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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.
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 1th merits. &
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
10 December 2014. The names and votes of the members o£ Che
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 anc
record, the Boar
to establish the
injustice
You enlisted in the Navy and began a period of active duty on
16 January 1990. You served for four months without disciplinary
incident, but on 10 May 1990, you received nonjudicial punishment
(NIP) for wrongful use of cocaine. On 7 June 1990, you were in
an unauthorized absence status from your unit until you were
apprehended after 64 days.
Based on the information currently contained in your record you
subsequently submitted a written request for an other than
honorable (OTH) discharge in order to avoid trial by court-
martial. Prior to submitting this request you would have
conferred with a qualified military lawyer at which time you were
advised of your rights and warned of the robable adverse
consequences of accepting such a discharge. Your request was
granted and you were separated wit jiscl e
result of this action, you were spared the stigma of a court-
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor.
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. Nevertheless, the Board
concluded these factors were not anffiniant to warrant relief in
ea Soe eve _—— ae wee eS ee eae cee Creede tee: ate ee ed se
your case because of the seriousness of your misconduct. The
Board believed that considerable clemency was extended to you
‘when your request for discharge to avoid trial by court-martial
was approved. The Board concluded that you received the benefit
of your bargain with the Navy when your request for discharge was
granted and should not be permitted to change it now.
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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