= = A A ISS RE RE NE OT Re ACA
ROAPD FOR CORRECTION OF NAVAL RECORDS
ARLINGTON VA “22 204- 2490
map 7
Docket No: |
18 December 2014
lication for correction of your
isions of title 10 of the United
Although you application was not sly manner, the
ime
Board found it in the interest of “ped e to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Recc
sitting in executive session, considered your application on
17 December 2014. The names s of the members of the
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panel will be furnished upon request. Your allegations of error
and injustice were reviewed in accordance with administra tive
iy uae and procedures applicable to the proceedings of this
oard. Documentary material considered by the Board consisted of
oe application, together with all i submitted in support
thereof, your naval record, and appl: > statutes, regulations,
and policies.
ard asin
in the Navy and began a period of active duty on
7 You served for six months without disciplinary
during the period of 12 March 1998 to 27 July 1999,
ent (NUP) on three occasions
Cc nonjudicial punishm
Your offenses were unauthorize
Subsequently, you were notified of pending administrative
¥y
separati ion by
y reason of misconduct due to a pattern of lLsconduct
at which time you waived your procedural rights to consult with
legal counsel and to present your case
discharge board (ABD). Your commanding of 4
disc harge under other than honorable conditions by reason of
misconduct due to a pattern of misconduct. The discharge
authority approved this recommendation and directed separation
t le conditions by reason of misconduct,
699, you were so discharged.
—7~
BAR
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 assertion of inadequate
defense. Nevertheless, the Board found that these factors were
not sufficient to warrant recharacterization of your discharge
given the seriousness of your misconduct. Regarding your
assertion that you did not receive proper legal advice, the
record Clearly shows that you expressly walvea your right to
consult with counsel. Finally, the Board noted that you waived
tthe right’to afi ADB, your best opportunity for retention or 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’'NETLL
Executive Director
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