2490
TIR
Docket No: 241-14
4 December 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section LBS? .
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on > December 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 record, and
applicable statutes, regulations, and policies.
after careful and conscientious consideration of the entire
record, the Boar found the evidence submitted was insufficient
to establish the existence of probable material error of
injustice. :
you enlisted in the Navy and began a4 period of active duty on 17
September 1990. you served for about a year and five months
without disciplinary incident, but during the period from 20
February to 30 September 1992, you received nonjudicial
punishment (NJP) on three occasions for two periods of ,
unauthorized absence (UA) totalling two days, altering a public
record, unauthorized possession and use of a pass, three periods
of failure to go to your appointed place of duty, larceny, and
making a false official statement.
Subsequently, you made a statement to your commanding officer in
which you indicated that you woulda do whatever it took necessary
to obtain a discharge. As such, you were proces ed for an
administrative separation by reason of misconduct due to @
pattern of misconduct. After waiving your procedural rights, On
7 October 1992, your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
a pattern of misconduct. On 15 October 1992, the discharge
authority approved the foregoing recommendation and directed
separation under other than honorable conditions by of
misconduct, and on 28 October 1992, you were SO disch
€asor
xr
E Tl
arged.
The Board, in its review of your entire record and application,
The folly. weighed_all potentially mitigating_factors,suet-a
your desire to upgrade your discharge for medical purposes and
assertion that you were allowed to enlist even though you had a
history of mental illnesses. Nevertheless, the Board concluded
these factors were not sufficient to warrant relief in your case
because of the seriousness of your repetitive misconduct which
resulted in three NUPs. Further, you were given an opportunity
to defend your actions, but waived your procedural rights.
_finally; there is—no-evidence—in-the record, and-you provided
none, to support your assertion. 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 ot
regularity attaches to all official records. consequently, when
applying for a correction of an official naval record, the burden
ig on the applicant to demonstrate the existence of probable
material error or injustice.
Sincerely,
ROBERT J. O’NELTLL
Executive Director
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