DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3830-14
3 April 2015
This is in reference to your application for correction of. your:
naval record pursuant to the provisions of title 10,. United
States Code, section 1552.
Although your application was not filed ina 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. .
25'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 preceedings 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
19 January 1993. You served for two years without disciplinary
incident, but on 8 February 1995, you were convicted by summary
court-martial of unauthorized absence from your unit for a period
of 130 days and missing ship's movement. ‘You were notified of
pending administrative discharge processing with an other than
honorable (OTH) discharge due to misconduct. After consulting
with legal counsel, you elected to present your case to an
administrative discharge board (ADB). The ADB found that you
committed misconduct and recommended that you be separated with
an OTH. The separation authority agreed with the recommendation
of the ADB and directed your commanding officer to issue you an
OTH by reason of misconduct and on 16 June 1995, you were so
discharged.
/
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. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct. Finally, there is no provision of law or in
Navy regulations that allows for recharacterization of service
due solely to the passage of time. 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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