DEP ARTME MN OF THE WAVY
BOARD FOR CORRECTION OF NAVAL REF CORRE
sUl1 b&b. CUURIHVUUDE RUA, SUITE iw 1
ARLINGTON, VA 22264-24906
TAL
Docket No: 309-14
19 December 2014
This is in reference’ to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 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 Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
aGuty on 25 February 1992, You served for two years without
disciplinary incident, but during the period from 18 February
1994 to 29 March 1995, you received nonjudicial punishment (NTP)
on six occasions. Your offenses were failure to go to your
appointed place of duty, sleeping on post, failure to obey a
lawful order, unauthorized absence from your unit, and wrongfully
operating a vehicle while under the influence of alcohol.
Based on the information currently contained in your record you
were subsequentiy, notified of pending administrative separation
by reason of misconduct due to a pattern of misconduct. You
waived all of your procedural rights, including your right. to an
administrative discharge poard (ADB). On 24 April 1995, you
received an other than honorable discharge due to misconduct
(pattern of misconduct) .
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 ridicule
by your unit because of. your back injury. Nevertheless, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your repeated misconduct. The Board noted that you waived the
right to an ADB, your best opportunity for retention or a better
characterizatioh of service. Regarding your assertion there is
ho evidence in. the record and you submitted none. 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,
z ’NETLL
Executive Director
NAVY | BCNR | CY2013 | NR3141-13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701-5, COURTHOUSE ROAD, SUITE 1001 - ARLINGTON, VA 22204-24906 : TIR
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