DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TOR
Docket No: 2045-14
30 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 17
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’ conscientious ‘consideration -of ‘the entire’ -«
record, the Board found the evidence submitted was‘‘insufficient
_ toestablish the-éxistence of probable material error or
injustice. .
You enlisted in“the Navy and“began a period of active. duty ‘on 13.
November ’.2003.. Your record refledts that’ on 13 February 2606 you
received nonjudicial ‘punishment for assault, and were convicted
by civil ‘authorities of simple battery -on 5 March 2006. -As-a :
result, you were administratively separated by reason of ~ .
misconduct dué.tod commission df a serious offense as evidenced by
the civil conviction and .on:20-March 2007;. while serving in
paygrade-E4, you:received a:géneral discharge: under honorable
conditions. At.-that’ timé you were ‘not recommendéd for retention
or reenlistment: and weré assigned an RE-4-reenlistment code...
Your ‘record “further reflects that on 19 October 2010, the Naval
Discharge Review Board (NDRB) changed your characterization of
service to “honorable” and your narrative reason for separation
to “Secretarial Authority.” © 000 er beh
a
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to change your RE-4 reenlistment code and to
reinstate your paygrade to FC2/E-5 based on the changes in your
record made by NDRB. Nevertheless, the Board concluded these
factors were not sufficient to warrant relief in your case
because of the seriousness of your misconduct in both the
military and civilian communities. Further, the Board noted that
you were found guilty at NUP and by civil authorities, and as
such were reduced in paygrade and not recommended for retention
or reenlistment. With that being said, the Board concluded that
the changes made by NDRB in no way negated these actions.
Finally, the Board believed that you were fortunate to have
received a change in your record and concluded that any further
soange was unwarranted. Accordingly, your application has been
enied.- : .
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 matérial
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,
OBERT J. O'NEILL
Executive Director
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