DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No:
4]
21 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 in 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
15 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 Dy the Board consisted of
your application, together with all material submitted :n 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 December 1995. Based on your enlisted evaluation report
covering the period from 16 January to 1 August 1997, you
received two nonjudicial punishments (NJPs) fo
r two instances of
disobedience and wrongful use of provoking speech or gestures.
Although your record is incomplete, in that it does not contain
all of the documentation pertaining to your discharge, it appears
that administrative discharge action was initiated by reason of
misconduct due to a pattern of misconduct. After being afforded
all of your procedural rights, your case was forwarded to the
separation authority recommending that you be separated due to
misconduct. The separation authority concurred and on 11 August
1997, you received a general discharge by reason of misconduct.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, post service accomplishments, and desire
to upgrade your discharge. Nevertheless, based on the
information currently contained in your record, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your two NUPs.
Finally, the Board also noted that you were fortunate to receive
a general discharge since a discharge under other than honorable
conditions is often directed when an individual is discharged for
misconduct. 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
OBERT J. O’‘NEILL
Executive Director
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