DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3822-14
24 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. The application was filed in a timely
manner.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 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 and began a period of active duty on
24 June 2003. You served for eight months without disciplinary
incident, but during the period of 9 March 2004 to
23 October 2004, you received nonjudicial punishment (NJP) and
were arrested by civil authorities. Your offenses were failure
to obey a lawful regulation, making a false official statement,
driving under the influence of alcohol and resisting arrest.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to a pattern of misconduct
at which time you waived your procedural rights to consult with
legal counsel and to present your case to an administrative
discharge board (ABD). Your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to a pattern of misconduct. The discharge
authority approved this recommendation and directed separation
under other than honorable conditions by reason of misconduct,
and assigned an RE-4 reenlistment code. On 19 August 1999, you
were so discharged. On 1 March 2013 the Naval Discharge Review
Board (NDRB) upgraded the characterization of your discharge to
general under honorable conditions base on your post-service
documentation.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct, desire to upgrade your discharge,
narrative reason for separation and reenlistment code for
possible reentry into the Navy. Nevertheless, the Board found
that these factors were not sufficient to warrant relief in your
case because of the seriousness of your misconduct. In making
this decision, the Board substantially concurred with NDRB’s
reasoning when they upgraded your discharge to a General
discharge vice Honorable. 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,
ROBERT J. O’NEILL
Executive Director
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