DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Dock
14 April 2015
This is in reference to your application for correction of
naval record pursuant to the provisions of title of the
States Code, section 1552
A three member panel of the Board for Correction of Naval
Records, sitting in executi considered
application on 31 March 20 areful cons:
your application, the Board concluded that your
not timely filed, and it would not be in tl
justice to excuse your failure to submit your aj
timely manner. Specifically, you prov
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the statute of 1 : other than “respectful
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insufficient reason tc waive the statut
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19 the three years from when u learned of your
f se ce
quest reconsideration of thi ecis hir n eal
ate of the Board's decision. jowever, your request
must include newly discovered relevant idence wl
reasonably available to you when you submitted
Further, the evidence must pertain to the time
i on or to its merits. Absent such addit
further review of your application is not possible.
Sincerely
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docke 4097-14
15 April 20
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 1] 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 26 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 acc
with administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material consi
the Board consisted of your application, together wi
material submitted in support thereof, your naval
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
11 December 1999. You served without disciplinary incident
until 4 April 2002, when you were convicted by civil authorities
of bank theft. You plead guilty to the charges and your
sentence included a $5,000 fine with five years of probation.
On 8 January 2004, you were charged with violations of probation
and sentenced to nine months of civilian confi i
additional years of supervision upon release.
were recommended for an administrative separation by re
misconduct ‘due to a serious offense. On 17 September 2004, you
were discharged with a general characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your character of service and contention
that you were not represented at your discharge hearing.
Nevertheless, the Board concluded these factors and contention
were not sufficient to warrant relief in your case given your
guilty plea, conviction, and subsequent incarceration.
Concerning your contentions that you were not represented at
your discharge hearing, there is no evidence in the record, and
you submitted none to substantiate your claim. 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 of regularity attaches to all efficial 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'NEILL
Executive Director
SSeP aL
aids ide one lanai
Sey = SEE
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