DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7901S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 3503-14
7 April 2015
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
31 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
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
20 June 1988. During the period from 27 July 1990 to 18 November
1991, you received five nonjudicial punishments (NJPs) .
Additionally, you were counseled and warned after your second
NUP, that further misconduct could result in administrative
discharge action. Subsequently, administrative discharge action
was initiated by reason of misconduct due to commission of a
serious offense. You elected to consult with legal counsel and
subsequently requested an administrative discharge board (ADB).
On 18 November 1991, the ADB found that you had committed
misconduct due to a pattern of misconduct, and recommended you
receive an other than honorable (OTH) discharge. The separation
authority concurred and directed an OTH discharge by reason of
misconduct. You were so discharged on 11 December 1991.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, post service accomplishments, and desire
to upgrade your discharge. Nevertheless, based on the
information currently contained in your record, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your five NJP‘s, three
of which were after you warned of the consequences of further
misconduct. 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.
ROBERT J. O’NETILL
Executive Director
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