DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
' 701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3840-14
3 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 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 * 5
. 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 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
5 January 1993. You served for about three months without
disciplinary incident, but on 23 April 1993, you received
nonjudicial punishment (NJP) for unauthorized absence from your
unit, underage drinking, and drunk and disorderly conduct. You
were notified of pending administrative discharge processing with
an other than honorable (OTH) discharge by reason of misconduct
due to commission of a serious offense. You waived your
procedural rights, to consult with legal counsel and to present
your casé to an administrative discharge board (ADB). Your
commanding officer recommended discharge under other than
honorable conditions due to commission of a serious offense.
The discharge authority directed that you be separated with a
general characterization of service by reason of misconduct and
on 27 July 1993, 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 and desire to reaffiliate
with the military. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of your
discharge given the seriousness of your misconduct. The Board
noted that you waived your right to an ADB, your best opportunity
for retention or a better characterization of service. 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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