DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 3599-14
190 April 2015
bear
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 April 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, began a period of active duty on
5 May 2011, and served for about a year and seven months without
disciplinary incident. However, on 11 January 2013, you were
convicted by special court-martial of unauthorized absence,
sexual assault, and an unspecified offense, and sentenced to
confinement for 210 days. As a result, administrative discharge
action was initiated by reason of misconduct due to commission
of a serious offense, and on 15 January 2014, you were so.
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to have your length of service
v——_— a ae
extended to include a period of lost time. Nevertheless, based
on the information currently contained in your record, the Board
concluded these factors were not sufficient to warrant relief
because of your periods of UA and confinement. Further, in
accordance with regulatory guidelines, your days of lost. time
are not credited as time served and therefore cannot be included
to your lenath of service. Accordingly, your application has
been denied.
~ > Tt 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’NELLL
Executive Director
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